Independence Law Center attends SCOTUS Bladensburg Cross Case

Feb 28, 2019 | 0 comments

Attorneys from the Independence Law Center were at the U.S. Supreme Court to listen to the arguments in an important case.  In American Legion v. American Humanist Association, the Supreme Court will weigh in on whether a state’s maintenance of a 93-year-old World War I memorial that includes a 40-foot cross—known as the Peace Cross—is an “establishment of religion.”

[Pictured] Curtis Schube (left) and Jeremy Samek of the Independence Law Center at the Supreme Court ahead of the hearing on American Legion v. American Humanist Association

A cross commemorating the sacrifice of these soldiers, using a symbol representing…you guessed it, sacrifice, does not establish a religion of Christianity in Bladensburg.  But this case does not just have the potential to save this cross, but has the potential to fix a huge problem in establishment clause jurisprudence which has led to far too many lawsuits attacking any religious symbol simply because someone is “offended.”

As Curtis Schube (Legal Council, Independence Law Center) put it:

The Humanist Society sued Bladensburg, MD, claiming that the very presence of a 40 foot cross on public land violated the Establishment Clause. This is regardless of the fact that the cross is also a WWI memorial. The Humanist attorney argued that the cross itself makes non-Christians feel inferior.

The town argued that the secular purpose (war memorial) prevents it from establishing religion. Based on the arguments, I think Gorsuch, Thomas, Alito, Kavanaugh, Roberts and maybe Kagan will agree.

Please pray for the Court as they consider that case, and because tomorrow the Supreme Court will also start the discussions of whether to hear the Boyertown privacy case!