Source: Algerina Perna /The Baltimore Sun via AP, File Last week’s cross decision was a major case for religious liberty. Perhaps it even spells the death knell of the so-called Lemon Test…an aptly-named decision from the early 1970s that has often been used against any religious expression in the public square. The Supreme Court ruled that a 40-foot memorial cross in the state of Maryland was not unconstitutional. The cross was built beginning in 1919 to commemorate many soldiers from Prince George’s County who died in service to their country in World War I. The American Humanist Association (AHA) sued to have the cross torn down. The 4 th Circuit Court of Appeals (out of Richmond, Virginia) agreed with the AHA, and the cross had a sentence of death hanging over it. First Liberty Institute, which fights for religious liberty (including many military-oriented cases), fought to save the cross, on behalf of the American Legion. Perhaps surprisingly, the Supreme Court decided by a comfortable 7-2 margin. The author of the decision was Justice Samuel Alito, who wrote, “A government that roams the land, tearing down monuments with religious symbolism and scrubbing away any reference to the divine will strike […]
