The Supreme Court has agreed to hear a case that could allow local governments to display religious iconography on public property.
The case — a consolidation of American Legion v. American Humanist Association and Maryland-National Capital Park v. American Humanist Association — revolves around a memorial to World War I soldiers. The memorial features a 40-foot tall cross, and was erected on public property in Bladenberg, Maryland.
A federal appeals court showed that the “Peace Cross” memorial violates the Constitution’s ban regarding “respecting an establishment of religion” under the First Amendment, but it is likely that the new Supreme Court, with a five person conservative majority, will reverse the lower court’s ruling.
The issue of religious imagery on public lands had appeared settled in the 1980s, after County of Allegheny v. ACLU. In that ruling, Justice Harry Blackmun wrote that the United States Constitution, “prohibits government from appearing to take a position on questions of religious belief or from ‘making adherence to a religion relevant in any way to a person’s standing in the political community.’”
This ruling did allow some leeway, including images of Muhammad or Moses, due to their connections with the law, but did not allow for other religious symbols.
This test has also been at the heart of fights over displays of the Ten Commandments and if such a display is that of a legal document or a religious one.
A Supreme Court reversal could lead to additional religious imagery at city halls, courthouse, schools and other institutions, and open the door to future challenges over school prayer and other changes sought by American evangelicals.
It will also signal future challenges with a religious bent, including potential “religious freedom” cases that can limit LGBTQ and other civil rights.