Supreme Court justices appear to favor allowing memorial shaped like a cross to remain on public land

Washington Examiner  "A majority of Supreme Court justices appeared inclined to allow a nearly century-old, 40-foot Latin cross honoring 49 men who died in World War I to remain in place on public land as they questioned litigants contesting whether the memorial's presence on public lands violates the separation of church and state. 

"But during the 70-minute-long argument, the court appeared more divided on the question of when a religious display located on public land is permissible. The dispute may jeopardize other cross-shaped war memorials around the country. 

"The Peace Cross, which is part of the Bladensburg World War I Veterans Memorial located in Prince George’s County, Md., was erected by bereaved mothers whose sons died in the war. Several of the justices noted that while the cross is the preeminent symbol of Christianity, Latin crosses were often used to memorialize service members killed during World War I. Additionally, the cross bears no religious writings and is part of a larger park with other monuments for past armed conflicts. 

"But Justice Ruth Bader Ginsburg, the lead member of the court's liberal wing, stressed the prominence of crosses in the Christian faith, noting that “people wear crosses” to show their devotion to Christianity.

"In one exchange, Chief Justice John Roberts, who often sides with conservatives, questioned American Humanist Association attorney Monica Miller, who challenged the constitutionality of the cross, whether a Native American totem erected on property owned by the federal government would have to be taken down. Ginsburg, meanwhile, asked Neal Katyal, representing the Maryland commission that owns the monument, whether a cross-shaped memorial honoring those killed during a school shooting would be permissible." . . . 

SCOTUS Blog: Argument analysis: Peace cross appears safe, if not stable

"For nearly a century, a 40-foot-tall stone and concrete cross has stood on a traffic median in the Washington, D.C., suburbs, just a few miles from the Supreme Court. But seven years ago, a group of local residents filed a lawsuit seeking to have the cross removed. They argue that the presence of the cross on public land violates the Constitution, which bars the government from establishing an official religion and favoring one religion over another. The state of Maryland, which owns and maintains the cross, and the American Legion, which built it, counter that the cross – which is badly in need of repair – is simply a secular war memorial. Today the justices heard oral argument in the dispute, and it seemed likely that the cross will survive the challenge, even if the court’s ruling proves to be a relatively narrow one that allows the peace cross and other historical monuments to stand while making clear that new religious symbols may not pass muster in the future." . . .