Victory! The Supreme Court Upholds the Constitutionality of Cross-Shaped War Memorials

In a 7-2 ruling handed down Thursday, the United States Supreme Court upheld the right of communities to build and maintain war memorials that include crosses. 

Mountain States Legal Foundation submitted an amicus brief to the Supreme Court in December, arguing that the cross must be allowed to stand. Today, our argument has been vindicated.

The case, The American Legion v. American Humanist Association, tested whether a cross-shaped World War I memorial in Bladensburg, Maryland, known as the Peace Cross, honoring 49 local men who gave their lives in the conflict, violated the Establishment Clause of the First Amendment.  

The radical atheist activists who wanted to tear down the cross had momentum on their side. On October 18, 2017, the Fourth Circuit Court of Appeals ruled that the Peace Cross violates the First Amendment’s command that “Congress shall make no law respecting an establishment of religion.” 

If they succeeded in tearing down the Peace Cross, we knew that the radical atheists would not stop there. They would not be happy until it was illegal to display a cross anywhere on public land. Even the gravestones at Arlington national cemetery could be deemed unconstitutional, if they had their way. 

Around the same time as the Fourth Circuit ruling, the Town of Taos, New Mexico, was threatened with potential legal action by the atheist Freedom from Religion Foundation. The people of Taos have their own cross-shaped memorial honoring local soldiers who fought in the Battle of Bataan during World War II, including those who died on the Bataan Death March.

The Taos cross memorialized local soldiers who suffered through the Bataan Death March in World War II (pictured above). The memorial in Taos, like the Peace Cross in Maryland, came under attack from aggressive atheist groups who wanted it torn down.

The town of Taos turned to Mountain States Legal Foundation for help.

Mountain States Legal Foundation filed an amicus brief on behalf of the citizens of Taos in December 2018, urging the United States Supreme Court to allow the Bladensburg Peace Cross to stand, and to uphold the right of communities like Taos to build and maintain war memorials that include crosses. 

A majority on the Supreme Court agreed with our brief. Justice Samuel Alito reasoned in today’s decision that “destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment.”

MSLF attorney David McDonald, who represents the town of Taos, commented on today’s decision: “This is a clear victory for the First Amendment and the principles of religious liberty this Republic was founded on. The people of Taos, like the people of Bladensburg, are not trying to install a theocratic dictatorship; they’re just trying to honor their lost loved ones.”

Today’s victory is one to celebrate. The Supreme Court has sent a strong message to radical atheist groups who want to impose their will on communities around the country.

The high court has rightly overturned the Fourth Circuit Court and reaffirmed the right of communities to honor their war dead in the way they see fit.

Explore More

Supreme Court Halts NYC’s Flight from Review under Second Amendment

This case arose as a result of NYC’s unconstitutional ban on transporting a licensed handgun outside city limits. For the past six years, NYC has vehemently defended its handgun transportation ban, but only at the last minute sought to avoid Supreme Court review when city officials realized the odds of success weren’t in their favor.

Red Flag Laws

VIDEO: MSLF recently hosted a panel of experts to discuss the gun confiscation orders known as Red Flag Laws that many states are adopting.

Join the Fight

Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.

Donate Now

News Updates