The Peace Cross, the Establishment Clause, and Why the Separation of Church and State Fails to Adequately Protect Minority Religions (Part 1 of 5)
March 21, 2019
In 1925, a committee including Gold Star mothers and local veterans dedicated a memorial in Bladensburg, Maryland in honor of 49 servicemembers from Prince George’s County who gave their lives in service to World War I. They chose a Latin Cross to be the symbol of their loved ones’ sacrifice, and today, residents call it the Peace Cross.
Almost to the very day of the centennial of the first World War, the U.S. Supreme Court agreed to review whether the Peace Cross is a violation of the First Amendment’s Establishment Clause—more popularly though less accurately referred to as the separation of church and state—because it is in the shape of a cross and maintained on public property. The case of American Legion v. American Humanist Association is an important one. First Liberty Institute is involved in defending the memorial in court, and FRC filed an amicus brief in the case. Oral argument was held just about one month ago, on February 27, 2019. The case is currently under consideration, and the Supreme Court will issue its decision on or before June 2019.
As part of this case, several groups representing religious minorities argue that the current court precedents on this issue—which have put the Peace Cross in jeopardy—should stay in place, even if that means that the Peace Cross or memorials like it have to go. They say that this state of the law shields minority religions like theirs from political and cultural forces that may use their power to push minority religions out of the public square.
Family Research Council argues that this is not the case. First, the vague, subjective approach of current Establishment Clause precedents actually harms minority religions. Applying an original meaning of the Constitution instead would provide clarity for all—including religious minorities. Second, avenues outside of the courts, like the executive and the legislature at the federal, state, and local level, are better equipped to respond to the needs of minority religions.
In the coming days, we will be rolling out a special blog series highlighting these key points from the article and discussing how they help us understand true religious liberty in this age of deep confusion on the issue. Stay tuned!
This blog series is based on an article in Federalist Society Review by Alexandra M. McPhee, “Can a New Establishment Clause Jurisprudence Succeed in Protecting Religious Minorities Where Lemon Has Failed?”