This week, the Supreme Court ruled 7-2 that the 40-foot tall Bladensburg Peace Cross can remain on public land, in the middle of a busy intersection. The cross is owned and maintained by the State of Maryland. The Court reversed the Fourth Circuit’s decision that the display was an unconstitutional violation of the Establishment Clause. There are many opinions in this case that give us an idea of how much the justices disagree about the meaning and application of the Establishment Clause. Justice Alito wrote the opinion, joined by Roberts, Breyer, and Kavanaugh. Kagan joined them, except in the sections of the opinion that were critical of the Court’s Lemon test. Breyer filed a concurrence, joined by Kagan. Kavanaugh filed a concurrence. Kagan filed a concurrence in part. Thomas filed a concurrence. Gorsuch filed a concurrence, joined by Thomas. Ginsburg dissented, joined by Sotomayor. Only the dissenters understood why the Establishment Clause was obviously violated. Dissenting Ginsburg and Sotomayor The picture of the big cross should have resolved the Establishment Clause controversy in favor of the Humanists. It is a large, government-supported cross. It is not surrounded by any other religious symbols. The picture shows that Christianity is definitely […]
