September 2019 - Parks & Recreation - 36

LAW REVIEW

were " overshadowed by the Cross's
size and Christian connection. "
The appeals court found the
Cross's location and condition
would make it difficult for passersby to read or otherwise examine
the plaque and American Legion
emblem. Further, the appeals court
rejected as " too simplistic " an argument " defending the Cross's constitutionality on the basis of its 90year history. " On the contrary, the
appeals court noted: " the longer a
violation persists, the greater the
affront to those offended. " Also, in
the opinion of the appeals court,
MNCPPC " had become excessively entangled with religion " by
keeping a display that " aggrandizes the Latin cross " and by spending
more than " de minimis [i.e., trivial,
insignificant] public funds to maintain it. "

Secular Cross History

The Supreme Court held the Bladensburg
Cross did not violate the Establishment
Clause since it commemorates American
soldiers killed in World War I.

MNCPPC had " secular purposes
for acquiring and maintaining the
Cross - namely, to commemorate
World War I and to ensure traffic
safety. " Moreover, the court found:
" a reasonable observer aware of
the Cross's history, setting, and
secular elements 'would not view
the Monument as having the effect of impermissibly endorsing
religion.' " Further, the court found
MNCPPC's " maintenance of the
memorial " did not " create the kind
of continued and repeated government involvement with religion
that would constitute an excessive
34

Parks & Recreation

entanglement. " As a result, the federal district court held " the Cross is
constitutional. "
The federal appeals court reversed the judgment of the federal
district court. While recognizing
MNCPPC had acted for a secular
purpose, the appeals court held
that " the Bladensburg Cross failed
Lemon's 'effects' prong because a
reasonable observer would view
the Commission's ownership and
maintenance of the monument as
an endorsement of Christianity. "
In so doing, the appeals court emphasized " the cross's inherent religious meaning as the preeminent
symbol of Christianity. " In the
opinion of the appeals court, the
secular elements of the monument

| S E P T E M B E R 2 0 1 9 | W W W. PA R K S A N D R E C R E AT I O N . O R G

The Supreme Court of the United States granted a petition by
MNCPPC and the American Legion to review the decision of the
federal appeals court. While recognizing " the cross has long been
a preeminent Christian symbol, "
the Supreme Court found " the
Bladensburg memorial has a special significance, " which must be
viewed in its " historical context. "
As characterized by the Supreme
Court: " For nearly a century, the
Bladensburg Cross has expressed
the community's grief at the loss
of the young men who perished,
its thanks for their sacrifice, and its
dedication to the ideals for which
they fought. "
Moreover, the Court found the
Cross had become a " prominent
community landmark " whose " removal or radical alteration at this
date would be seen by many not as

September 2019 - Parks & Recreation

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