Photo by dullshick
In a 2-1 decision, Maryland judges ruled on Wednesday that a World War I memorial on public land is unconstitutional because its cross-shaped design could make people think that the government is supporting religious views.
The 40-foot-tall structure known as Peace Cross sits at a major intersection in Bladensburg, Md. and is supported by public funds.
The challenge was brought to the court by the American Humanist Association, which represents atheist groups, among other members. They argued that the monument endorses Christianity and violates the First Amendment.
“Government war memorials should respect all veterans, not just those from one religious group,” said Roy Speckhardt, AHA executive director, in a release. “Religious neutrality is important in a pluralistic society like ours.”
The ruling in favor of the association was made in the Fourth Circuit Court of Appeals and overturns an earlier decision by a federal district court in Baltimore that upheld the cross.
Built in 1925, the memorial is dedicated to local men who died in the war, and it was funded by the American Legion and local families. The Maryland-National Capital Park and Planning Commission owns and maintains it.
Supporters said that several elements diminish any government endorsement of religion with regard to the monument, according to court documents. On one side of the structure, there’s a two-foot tall plaque listing the names of the 49 soldiers and displaying the American Legion symbol and a quote by President Woodrow Wilson.
The base of the monument is inscribed with the words “valor,” “endurance,” “courage,” and “devotion.” There’s an American flag flying in the vicinity, and the monument is located near a larger memorial park that honors veterans of multiple wars.
However, the judges noted that “the immense size and prominence of the cross necessarily evokes a message of aggrandizement and universalization of religion, and not the message of individual memorialization and remembrance that is presented by a field of gravestones,” according to court documents
They also said that the monument is located in a high-trafficked area where people can’t easily park to walk over and examine it. Additionally, the plaque and American Legion symbol “are badly weathered” and small compared to the size of the cross.
“We also cannot ignore the American Legion’s affiliation with Christianity, as gleaned from its prayer manuals and the ‘Four Pillars of the American Legion,’” they added.
The appeal court’s ruling sends the case back to the district court in Baltimore, where judges will decide whether to take the memorial down or come up with another way to satisfy the complaint.
