Heather Curtis
WMAL.com

WASHINGTON (WMAL) – A five year court battle over the Bladensburg Peace Cross ends this week in the Supreme Court.

The American Humanist Society filed the case five years ago saying the 40-foot cross, which is a memorial to those who died during World War I, on public land is unconstitutional.

“We are really confident in our legal position. I mean a Christian cross sitting on government property funded by taxpayer dollars is a clear violation of the separation of church and state as well as the Establishment Clause of the First Amendment,” said Sarah Henry, spokesperson for the American Humanist Society.

The U.S. Court of Appeals for the 4th Circuit ruled the cross was unconstitutional, but Judicial Watch appealed the decision. The Supreme Court decided last fall that it would hear the case.

Last week Judicial Watch filed an amicus curiae brief in the Supreme Court asking it to reverse the 4th Circuit Court’s decision.

“I’m hopeful the Supreme Court will uphold the right of Americans to honor their war dead with crosses on public property, namely the Bladensburg Cross, which is a famous local historical landmark,” said Juridical Watch President Tom Fitton.

Fitton said the Founding Fathers did not intend the First Amendment to disallow public expression of religion on public property. He said this is a chance for the court to fix what he called sometimes “conflicting and twisting interpretations” of the Constitution relating to religious symbols on public property.

“Just because someone might be offended by a cross doesn’t mean their religious rights are being violated. It’s absurd,” Fitton said.

The American Humanist Society would like to see one of three things happen with the cross: remove it, reshape it or move it to private property.

A lower court judge suggested the crosses arms could be cut off so that the memorial can stay where it is while being in compliance with the Constitution. Fitton called the suggestion judicial overreach.

“Since the American Revolution, governments at every level built thousands of war memorials that are both constitutional and inclusive. These obelisks, pedestals, plaques and other memorials recognize the service of all veterans, regardless of their faith or lack thereof,” the American Humanist Society wrote on Facebook.

Fitton said Americans have the right to exercise their religion freely and fairly, and the Supreme Court needs to step in and protect that right.

Both groups expect a ruling this summer.

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