Byline: Derek Hawkins
United States Supreme Court
Case Name: The American Legion, et al. American Humanist Association, et al.
Case No.: 17-1717; 18-18
Focus: 1st Amendment Violation
Since 1925, the Bladensburg Peace Cross (Cross) has stood as a tribute to 49 area soldiers who gave their lives in the First World War. Eighty-nine years after the dedication of the Cross, respondents filed this lawsuit, claiming that they are offended by the sight of the memorial on public land and that its presence there and the expenditure of public funds to maintain it violate the Establishment Clause of the First Amendment. To remedy this violation, they asked a federal court to order the relocation or demolition of the Cross or at least the removal of its arms. The Court of Appeals for the Fourth Circuit agreed that the memorial is unconstitutional and remanded for a determination of the proper remedy. We now reverse.
Dissenting: GINSBURG, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined.