American Legion v. American Humanist Association
United States Supreme Court
139 S. Ct. 2067 (2019)
Relevant factsFree
The Bladensburg Peace Cross, a 32-foot Latin cross erected in 1918-1925 by families of fallen WWI soldiers and later maintained on public land with public funds, bears the names of 49 local war dead; the American Humanist Association (plaintiff) sued the American Legion (defendant) 89 years after its erection, seeking its relocation or demolition as an Establishment Clause violation, and the Fourth Circuit reversed the trial court's finding of constitutionality.
IssueFree
Whether a presumption of constitutionality applies under the Establishment Clause to longstanding memorials with historically secular purposes and traditions, even if such a memorial uses a religious symbol on public land.
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