Washington D.C., Jun 18, 2019 / 15:10 pm America/Denver (CNA).
Before the month is out, the US Supreme Court is expected to issue its decision in an establishment clause case with the potential to create a new standard for dealing with problems related to religious liberty, religious symbols, and the relationship between religion and public life.
The case, The American Legion v. American Humanist Association, hinges on the legality of the Bladensburg Peace Cross--a 40-foot stone cross that was erected in 1925 in Prince George’s County, Maryland.
The cross honors those from the area who were killed in World War I. The Maryland-National Capital Park and Planning Commission has performed regular maintenance around the monument since 1961, as it is located on a median in the middle of a public road. This, the American Humanist Association has argued, is entangling government unnecessarily with religion.
Joe Davis, legal counsel for the Becket Fund for Religious Liberty, told CNA that things appeared to be positive during oral arguments, and that “at least five” of the justices indicated that they felt as though the cross monument was legal. Oral arguments do not, however, always reflect what the justices decide months later.
If the Supreme Court does indeed rule in favor of keeping the peace cross, it is increasingly likely that they would have to use a new sort of legal test to justify how the cross is constitutional. Since 1971, the Supreme Court has used the “Lemon test” to decide these cases, something Davis described as “wildly inconsistent.” The application of the Lemon test has led to some religious symbols being found constitutional, and others not.