U.S. top court takes up religious dispute
over Maryland cross
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[November 03, 2018]
By Lawrence Hurley
WASHINGTON (Reuters) - The U.S. Supreme
Court on Friday waded into a new fight over the separation of church and
state, agreeing to decide whether a towering cross-shaped war memorial
erected in 1925 on public land in Maryland violates the Constitution's
ban on government endorsement of religion.
The justices agreed to hear two separate appeals of a lower court's
ruling that the memorial violated the Constitution's First Amendment
prohibition on the government favoring one religion, saying the memorial
- dubbed the "peace cross" - is inherently religious due to its shape
like a Christian cross.
The high court will take up appeals brought by a public agency called
the Maryland-National Capital Park and Planning Commission, which owns
the cross, and the American Legion, a private veterans organization that
holds memorial events at the site. The legion is represented by the
First Liberty Institute, a conservative religious rights group.
The 40-foot-tall (12 meters) cross, located at a busy intersection just
outside Washington, was completed in 1925 to honor 49 members of the
U.S. armed forces from Maryland's Prince George's County who died in
World War One.

"For nearly 100 years the memorial has stood to honor these 49 sons of
Prince George's County who made the ultimate sacrifice for their
country. The Supreme Court should not allow their memory to be
bulldozed," said Michael Carvin, a lawyer for the American Legion.
The Richmond-based 4th U.S. Circuit Court of Appeals ruled in 2017 that
the cross was unconstitutional.
"The monument here has the primary effect of endorsing religion and
excessively tangles the government in religion," Judge Stephanie Thacker
wrote on behalf of a three-judge panel that was split 2-1.
The court ruled in favor of the American Humanist Association, a group
that calls itself "the leading progressive voice in America on behalf of
humanists, atheists, agnostics and freethinkers," as well as three local
residents. The challengers want the memorial to be removed or redesigned
so it no longer is shaped like a cross.
The appeals court overturned a 2015 ruling by a judge in Maryland who
had decided there was no constitutional violation.
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Police officers stand in front of the U.S. Supreme Court in
Washington, U.S., January 19, 2018. REUTERS/Eric Thayer/File Photo

'PROMOTING ONE RELIGION'
Americans United for Separation of Church and State, a group that
advocates for keeping religion out of government, urged the court to
uphold the appeals court decision.
"This immense Christian cross on public land clearly shows
government promoting one religion - Christianity - above all
others," said Rachel Laser, the group's president.
Aside from its shape, the cross has no other religious themes or
imagery, according to lawyers for the commission and the American
Legion. At monument's base is a plaque that lists the names of the
dead. Every year, ceremonies with no religious content are held at
the site, lawyers defending the cross said.
American Humanist Society lawyers have said the memorial has always
had specific associations with Christianity. Aside from the cross
shape, Christian clergy have been involved in events at the site
since it was dedicated, with virtually every one featuring
Christian-themed prayers, the lawyers said in court papers.
The court has ruled in the past on what types of public displays
featuring religious content are permitted. In 2010, it ruled that a
cross on federal land in the Mojave National Preserve in California
could remain, upholding the government's decision to transfer the
land into private ownership.

The court in 2005 ruled that a monument on the grounds of the Texas
state capitol building that depicts the biblical Ten Commandments
did not violate the Constitution.
A ruling in the Maryland case is due by the end of June.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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