Supreme Court Affirms Religious Expression of Veterans (April 2010) PDF Print

I’m very pleased to report that the Supreme Court yesterday blocked the removal of a cross at the Mojave Desert Veterans Memorial in San Bernardino, California. As I noted last October, a lower court had ruled that the placement of the cross on the preserve violated the so-called “separation of church and state.” The Supreme Court focused primarily on the failure of the lower court to adequately consider legislation passed by Congress to address the church-state concern, but a majority of Justices also suggested that they believe the cross is permissible under the Constitution. Justice Anthony Kennedy, author of the Court’s main opinion, wrote, “The goal of avoiding governmental endorsement (of religion) does not require eradication of all religious symbols in the public realm.” He also noted that the cross can have more than religious meaning, arguing that “it evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten.” I believe the Court’s decision honors the sacrifices made by our troops who fought and died for our nation, and recognizes that public expressions of faith are consistent with our nation’s spiritual heritage.