A war memorial erected to honor America’s fallen veterans is not a violation of the Constitution, a federal judge has ruled in rejecting a claim by atheists’ that the monument, in the shape of a cross, must be torn down.
“It is hereby declared by the ownership, maintenance and display of the monument by the commission do not violate the Establishment Clause of the First Amendment to the United States Constitution,” wrote U.S. District Judge Deborah Chasanow Monday in her decision regarding what often has been called the Bladensburg Cross.
That is a 40-foot tall Latin cross at the intersection of Maryland Route 450 and U.S. Route 1 in Bladensburg, Maryland.
It was proposed by a community group at the time of World War I and later completed by the American Legion to contain a plaque listing the names of 49 men from Prince George’s County who died in that conflict.
It’s been the scene of various memorial events and even a few religious services over its many years of existence.
It was challenged by the American Humanist Association, which was joined by the Council on American-Islamic Relations, as a violation since the site now is owned and maintained by the Maryland National Capital Park and Planning Commission.
The ownership of the site had changed hands several times, and, the court found, it wasn’t even yet clear who owned it during certain times. But she said that didn’t matter.
The judge applied the U.S. Supreme Court’s Lemon test to the situation, and found that the disputed location has a secular purpose, its primary effect does not support or oppose religion and it does not excessively entangle the state in religion.
The defendants had informed the court that while the cross undoubtedly is a religious symbol, the project was designed and built primarily as a “commemorative” location rather than religious.
Other courts, the judge explained, also “have recognized that displaying a cross to honor fallen soldiers is a legitimately secular purpose …”
And the primary effect, the judge found, isn’t religious since the words “valor,” “endurance,” ” courage” and “devotion” are inscribed and it “has functioned expressly and overtly as a war memorial for its entire history.”
It also sits among other secular memorials, the judge said.
Finally, it does not create an excessive entanglement for the government, she ruled.
“Entanglement between church and state becomes constitutionally excessive only when it has the effect of advancing or inhibiting religion,” she ruled.
Officials with the Liberty Institute, who worked on the case, said the memorial was erected some 90 years ago by the American Legion.
It honors the World War I veterans and is among other memorials to veterans of the War of 1812, World War II, the Korean War and Vietnam.
The humanists wanted it demolished, changed or removed.
Noel Francisco, lead counsel for the American Legion and chair of Jones Day’s Government Regulation Practice, says, “We are grateful that the court ruled in our favor and upheld the memorial’s lawfulness under the First Amendment. This memorial has stood for almost 100 years in honor of the fallen and should be allowed to stand for 100 more.”
Kelly Shackelford, president of Liberty Institute, said, “This victory sets an important precedent. It not only affirms the Bladensburg Memorial will remain in its place of honor but helps ensure that all the nation’s veterans memorials, and the veterans they honor, will be protected.”
A plaque on the cross states, “This Memorial Cross Dedicated To The Heroes of Prince George’s County Who Gave Their Lives In The Great War For The Liberty Of The World.”
It also has a quote from President Woodrow Wilson: “The right is more precious than peace; we shall fight for the things we have always carried nearest to our hearts; to such a task we dedicate our lives.”
Liberty Institute reported, “The Bladensburg World War I Veterans Memorial joins a growing list of veterans memorials across the country that have come under attack for including religious imagery. However, the cross shape has been used by the military as a secular symbol of military service for much our nation’s history. For example, the Distinguished Service Cross, Navy Cross, other cross-shaped memorials and the countless crosses placed as headstones for fallen Americans are all used to honor our service members’ sacrifice.
“If the Bladensburg Memorial must come down, then so to must the many veterans memorials across the country which bear religious imagery. This would require tearing down the Argonne Cross in Arlington Cemetery and sandblasting the word ‘God’ from the Tomb of the Unknown Soldier. Americans know that tearing down any part of these veterans memorial dishonors the selfless service of the men they were erected to honor, which is why over 90 percent of Americans support the preservation of veterans memorials that contain religious symbols.”
Probably most prominent among the many war memorial crosses that have been challenged in recent years is the Mt. Soledad memorial.
The fight over that location went on for a generation before it recently was given permanent protection.
That happened with the sale of the land holding the monument to private interests.
That site honors veterans of American military conflicts going back to the Revolutionary War, with a focus on the Korean War.
Now, officials said, the federal government has sold the land holding the memorial to the Mt. Soledad Memorial Association, representing the organizers who built it.
“The sale of the memorial and its surrounding land ends a legal dispute regarding the constitutionality of the memorial on government land,” Liberty Institute reported.
The case is significant, Liberty Institute said, because the ACLU complained the cross violated the “separation of church and state. If that argument had prevailed, other sites could have been affected.
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