She said the “rows and rows of crosses” near the battlefields of World War I made the cross the “preeminent symbol of how to memorialize” in America those who had died in Europe.The U.S. She said the monument sent a message of favoritism and exclusion.“That the cross originated as a Christian symbol and retains that meaning in many contexts,” he wrote, “does not change the fact that the symbol took on an added secular meaning when used in World War I memorials.”“A newer memorial, erected under different circumstances, would not necessarily be permissible under this approach,” Justice Breyer wrote.Third, he said, monuments can take on differing meanings over time, discussing at length the recent fire at Notre Dame in Paris.Justice Samuel A. Alito Jr., writing for five justices, said the monument did not primarily convey a religious message.“Second,” Justice Alito added, “as time goes by, the purposes associated with an established monument, symbol or practice often multiply.”Justice Gorsuch, too, wrote that “Lemon was a misadventure” and was “now shelved.”In his concurring opinion, Justice Kavanaugh wrote that he was alert to the distress that religious symbols can cause.In his own concurrence, Justice Brett M. Kavanaugh said Thursday’s decision and earlier rulings collectively demonstrated that “the Lemon test is not good law.”Justice Kagan said the test still has a role to play.
"The Religion Clauses of the Constitution aim to foster a society in which people of all beliefs can live together harmoniously, and the presence of the Bladensburg Cross on the land where it has stood for so many years is fully consistent with that aim."“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,” Justice Samuel Alito wrote in the court’s opinion.
18-18 — Justice Ginsburg said the majority had undermined the separation of church and state“The case would be different, in my view,” he wrote, “if there were evidence that the organizers had ‘deliberately disrespected’ members of minority faiths or if the Cross had been erected only recently, rather than in the aftermath of World War I.”“Although the French Republic rigorously enforces a secular public square,” Justice Alito wrote, “the cathedral remains a symbol of national importance to the religious and nonreligious alike. “Today the court erodes that neutrality commitment, diminishing precedent designed to preserve individual liberty and civic harmony in favor of a ‘presumption of constitutionality for longstanding monuments, symbols and practices.’”In a concurring opinion, Justice Stephen G. Breyer said Justice Alito had eloquently set out why the Peace Cross could stay.
ET AL. Or how about a city using a Star of David to honor the victims of a mass shooting at a synagogue or to remember the Holocaust?
Here’s what you need to know about finding a place to go when you’re on the go.An accurate count in the 2020 census is in doubt as the government grapples with the coronavirus pandemic and attempts by President Trump to exclude some residents.The justices spent most of Wednesday’s argument posing questions. Religious symbols are like “religious speech,” he said, and the courts should not limit religious displays, so long as the government is not “preaching conversion.” The legion helped build the cross.At the same time, however, the justices struggled with how to devise a legal rule that clarifies when public displays of religion go too far and violate the 1st Amendment’s ban on an “establishment of religion.”After weathering what they thought was the worst of the COVID-19 crisis, European countries are seeing new spikes in infections as restrictions ease.Travelers are finding many public restrooms closed these days, due to the pandemic.