After the U.S. Fourth District Court of Appeals ruled that the Memorial Peace Cross honoring World War I veterans violated the Establishment Clause of the First Amendment, Judicial Watch has filed an amicus curiae brief in the United States Supreme Court asking the court to reverse the decision.
The court will hear arguments on the case next week, on February 27, 2019, and many people are prating that the case goes forward.
The First Amendment states, “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”
These two clauses are known as the “establishment clause” and the “free exercise clause.”
Judicial Watch is arguing that the Supreme Court in this case can “clarify the role of the Establishment Clause in relation to the States and set out an unambiguous legal standard by which Establishment Clause violations can be measured.”
Additionally, the independent government watchdog group “seeks to highlight the dangerous path this case plays in overt hostility toward religion by the courts.”
Judicial Watch has stated that “applying any of the possible Establishment Clause tests brings about the same conclusion: the Memorial is constitutional.”
“Judicial Watch points out that both the plain meaning of the language and the historical context of the Establishment Clause clearly demonstrate ‘that the Framers intended the Clause to be a restriction on federal interference with and establishment of religion…’”
A number of legal scholars agree.
The fight against the Bladensburg Peace Cross is simply part of a push to remove all public reminders of a high power, and that is both offensive and wrong, many people argue.
The brief also explains the use of the cross throughout American history, as a method of honoring our nation’s war dead and notes that “the cross has become synonymous with veteran sacrifice.”
Judicial Watch’s brief presents the Supreme Court with actual photos of such memorial crosses across the country, not just the one in Baltimore.
“The time-honored cross monuments to America’s honored dead should especially be defended by courts, both because military sacrifice made possible the guarantee of our constitutional rights and because it is the duty of the courts to honor the Constitution as written by the Framers,” said Judicial Watch President Tom Fitton.
“This is an opportunity for the court to halt the defense of imagined offenses of manufactured rights and protect the free expression of religion against the predations of activist judges who seek to remove religion from the public square.”
Hopefully the high court will accept the case and rule in favor of law, history, and respect.