A 40-foot-tall (12 meters) cross-shaped war memorial standing on public land in ...
WASHINGTON - A 40-foot-tall cross-shaped war memorial standing on public land in Maryland does not constitute government endorsement of religion, the Supreme Court ruled on Thursday in a decision that leaves unanswered questions about the boundaries of the U.S. Constitution’s separation of church and state.
The challengers had argued that the cross violated the Constitution’s so-called Establishment Clause, which prohibits the government from establishing an official religion and bars governmental actions favoring one religion over another. The court did not endorse a new more permissive test proposed by the American Legion veterans’ group, which joined the case in defense of the cross, that religious displays on public land be struck down only if they coerce people into practicing religion.
“A newer memorial, erected under different circumstances, would not necessarily be permissible under this approach,” Breyer wrote in a concurring opinion. Conservative justice Neil Gorsuch and Clarence Thomas agreed with the outcome but did not join Alito’s opinion. Both would make it much harder for religious displays on public land to be challenged.
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