SCOTUS  issued a decision Friday, June 21st, in American Legion v. American Humanist Association, commonly referred to as the Bladensburg Cross case. The decision was 7-2 (but with multiple opinions) and the Court overturned the decision from the 4^th Circuit, allowing the cross to remain.

You may recall, at the cert stage, 109 Senators and Members of the House of Representatives joined an amicus brief in support of the Petitioners, urging the Supreme Court to hear the case.  After cert was granted, 84 Senators and Representatives filed another brief with the court, led by Senator Cruz.

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Holding:  That the cross originated as a Christian symbol and retains that meaning in many contexts does not change the fact that the symbol took on an added secular meaning when used in World War I memorials.

Not only did the Bladensburg Cross begin with this meaning, but with the passage of time, it has acquired historical importance. It reminds the people of Bladensburg and surrounding areas of the deeds of their predecessors and of the sacrifices they made in a war fought in the name of democracy. As long as it is retained in its original place and form, it speaks as well of the community that erected the monument nearly a century ago and has maintained it ever since. The memorial represents what the relatives, friends, and neighbors of the fallen soldiers felt at the time and how they chose to express their sentiments. And the monument has acquired additional layers of historical meaning in subsequent years. The Cross now stands among memorials to veterans of later wars. It has become part of the community.

The Religion Clauses of the Constitution aim to foster a society in which people of all beliefs can live together harmoniously, and the presence of the Bladensburg Cross on the land where it has stood for so many years is fully consistent with that aim

Even if the original purpose of a monument was infused with religion, the passage of time may obscure that sentiment. As our society becomes more and more religiously diverse, a community may preserve such monuments, symbols, and practices for the sake of their historical significance or their place in a common cultural heritage.

With sufficient time, religiously expressive monuments, symbols, and practices can become embedded features of a community’s landscape and identity. The community may come to value them without necessarily embracing their religious roots.

Background: In the aftermath of World War I, the residents of Prince George County wanted a place where they could mourn and honor their dead. Nearly fifty men from the community had fallen during the conflict. Many of them were buried in France, thousands of miles away from those who remembered them. After multiple rounds of fundraising, a 40-foot “Peace Cross” was erected in tribute. At its base sits a plaque inscribed with the names of each of the men who did not make it home. The seal of the American Legion is also found on the cross, along with four words: “Valor,” “Endurance,” “Courage,” and “Devotion.”

The Peace Cross stood in Bladensburg, Maryland for 90 years without objection, often acting as a staging ground for Veterans Day and Memorial Day celebrations. In 2014, however, the American Humanist Association brought suit claiming that the cross violated the Establishment Clause due to its location on public property and the expenditure of city funds for its upkeep. The Fourth Circuit agreed. Employing the much maligned Lemon Test, a three judge panel held that the cross represented an impermissible endorsement of religion because a reasonable observer would equate the symbol as being inherently Christian. After a majority of the Fourth Circuit voted to deny a rehearing en banc, a petition was filed to the U.S. Supreme Court.

Summary, from National Review:

Alito’s majority opinion offers four considerations why there should be a “strong presumption of constitutionality” in favor of “retaining established, religiously expressive monuments, symbols and practices.” (Slip op. at 16-21.)

First, it may be “especially difficult” to identify the “original purpose or purposes” of monuments, symbols, or practices that “were first established long ago.”

Second, “as time goes by, the purposes associated with an established monument, symbol, or practice often multiply”: a community may preserve such monuments, symbols, and practices “for the sake of their historical significance or their place in a common cultural heritage.”

Third, the message they convey might also change over time. Consider, for example, the messages now conveyed by the Statue of Liberty, Notre Dame Cathedral, or the many cities that bear religious names.

Fourth, “when time’s passage imbues a religiously expressive monument, symbol, or practice with this kind of familiarity and historical significance, removing it may no longer appear neutral” but might instead “strike many as aggressively hostile to religion.”