Despite objections from a noteworthy humanist organization, a federal court recently ruled that a memorial cross standing on public property is in fact constitutional. The Bladensburg World War I Veterans Memorial, commonly referred to as the “Peace Cross”, was erected by the American Legion in 1925 to honour the lives of 49 men from Prince George County, who breathed their last while the nation was still at war.
The cross, which stands 40 feet tall in Memorial Park, also features a plaque that reads, “The right is more precious than the peace; we shall fight for the things we have always carried nearest our hearts; to such a task we dedicate ourselves.”
Even though the site is primarily used by the American Legion to celebrate Memorial Day and Veterans Day, last year, American Humanist Association (AHA) sued Maryland National Capital Park as well as the Planning Commission for refusing to remove the memorial cross, alleging that its presence violates the First Amendment of the United States Constitution.
“When the government erects an exclusively Christian monument on government property, it violates this central command of the Establishment Clause by sending a clear message that Christianity is the preferred religion over all others,” said AHA attorney Monica Miller in a statement surrounding the filing of the suit.
AHA also pointed to the wording of a fundraising oath sheet that was distributed among donors close to a century ago to substantiate its claim.
“We, the citizens of Maryland, trusting in God, the supreme ruler of the universe, pledge faith in our brothers,” it read.
However, earlier this month, United States District Judge Deborah Chasanow ruled that the memorial cross is in fact constitutional, as it is not used to promote any religion and only meant to honour war veterans, who lost their lives while serving America.
“Even if these statements or events carry some religious meaning, they do not show an ‘entirely religious purpose’ for the monument, and, in fact, there is overwhelming evidence in the record showing that the predominant purpose of the monument was for secular commemoration,” Chasanow wrote. “The Monument’s groundbreaking was a predominantly secular affair that also included the groundbreaking of the National Defense Highway. … The Monument’s secular commemorative purpose is reinforced by the plaque, the American Legion’s seal, and the words ‘valor,’ ‘endurance,’ ‘courage,’ and ‘devotion’ written on it. None of these features contains any religious reference,” she continued. “[The construction of the cross] was not an attempt to set the imprimatur of the state on a particular creed. Rather, those who erected the cross intended simply to honor our nation’s fallen soldiers.”
Liberty Institute, which represented the defendants in this case, hailed Chasanow’s decision.
“This victory sets an important precedent,” president Kelly Shackelford said in a statement. “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.”
The AHA is likely to file an appeal to the Fourth Circuit.
Photo Credits: NRO
