The U.S. Supreme Court seemed poised during oral arguments Wednesday to let a 93-year-old war memorial cross stand, although it remains uncertain how far the justices will go in their legal reasoning.
At issue is a 40-foot cross-shaped World War I memorial on public property in Bladensburg, Md., that was erected in 1925 but has been targeted in the courts by atheist groups who say it violates the U.S. Constitution’s prohibition on government establishment of religion.
Wednesday’s hearing was the first major church-state case before a new bloc of conservative justices that includes President Trump’s two nominees, Brett Kavanaugh and Neil Gorsuch.
Multiple court observers said the justices appear certain to let the cross stand. The question is whether they will tinker with the three-pronged Lemon test, which the court has used since 1971 to determine the constitutionality of a law or action. According to the test, a law is constitutional if it: 1) has a secular purpose, 2) neither advances nor inhibits religion, and, 3) doesn’t foster government “entanglement” with religion.
Kelly Shackelford, president and chief counsel of the First Liberty Institute, said Wednesday after oral arguments that he found the justices’ comments and questions “very encouraging.” First Liberty is representing the American Legion, which erected the…
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