The American Legion v. American Humanist Association [SCOTUSbrief]
Вставка
- Опубліковано 28 вер 2024
- Located in a busy intersection in suburban Maryland, the Bladensburg Peace Cross was erected by private citizens in 1918 to honor World War I veterans. The memorial has been owned and maintained by the government since 1961, but the American Humanist Association claims that the religious symbolism in this memorial constitutes a violation of the Lemon Test and the establishment clause of the First Amendment.
Is governmental display and maintenance of the Bladensburg Peace Cross unconstitutional? Joe Davis of Becket explores the relationship between the government and the use of religious symbolism in The American Legion v. American Humanist Association. Oral argument is February 27, 2019.
JUDGMENT: June 20, 2019. Reversed and remanded, 7-2, in an opinion by Justice Alito.
HOLDING: The Bladensburg Cross does not violate the establishment clause of the First Amendment.
*******
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Joe Davis:
www.becketlaw....
*******
Related Links & Differing Views:
SCOTUSblog: “Argument preview: Justices to consider constitutionality of cross-shaped war memorial on public land”
www.scotusblog...
University of Dayton Law Review: “The Establishment Clause’s Hydra: The Lemon Test in the Circuit Courts”
udayton.edu/la...
Golden Gate University Law Review: “The Lemon Test and the Establishment Clause: A Proposal for Modification”
digitalcommons...
National Constitution Center: “Interpreation: the Establishment Clause”
constitutionce...
Legal Information Institute: “Religious Displays on Government Property.”
www.law.cornel...
Engage: “It’s Not Just the Test That’s a Lemon, It’s How Some Judges Apply It”
fedsoc-cms-pub...
www.becketlaw....
www.washington...
www.catholicne...
law2.umkc.edu/f...
constitutionce...
www.washington...
scholarship.la...
digitalcommons...
I am an atheist, and even I, find this case outrageous.
To not believe, is my choice, but what American Humanist Association is doing is imposing their views upon those, who do believe in religion and god.
I am not even a Christian, yet still, I love this cross, as a symbol and as a piece of history & culture.
It would be a shame if the government loses in this case.
They are actually acknowledging the 1st amendment. The cross is actually violating the 1st amendment.
@@Mercplx WHAT!!!!!!!!
Delusions have no place in a healthy society. Symbols reinforce that participating in such delusions is okay. Religious people indoctrinate children into this fear based thought system, teaching them to hate themselves and others, fear change, demean women, resist
being different, and completely coach them to be neurotics. This system even perform ritualistic circumcision and female genital mutilations in the name of this crazy symbol. Crazy. It has to end!,ssage is, delusions have no place in a
healthy society. Symbols reinforce that participating in delusions is
okay. Religious people indoctrinate children into this fear based
thought system, teaching children to hate themselves and others, fear change
and completely coach them to be neurotics. This system even perform
ritualistic circumcion and female genetal mulitation in the name of the
cross. Crazy.
@@raviking6572 You are not wrong in some ways, and many of these are all valid points, religion indeed has many flaws, however, let people discover that by their own accord, and there is no need to shove it down their throat, as it will only drive them away.
Moreover, what you have is your point of view, and not everyone shares that point of view.
It is not up to you alone, or in this case, the Humanist Association, to determine, what construes a healthy society.
Wow! Your ignorance is astounding. So, in the face of an passive aggressive and aggressive promulgation of these believes, you prefer we do nothing? These delusions have last thousands of years, people are being killed for not submitting to them, people are being excluded because of them and hated. You want to intellectually and verbally castrate me because you think people will just discover it is crazy on their own from with in the craziness. This is like expecting the mentally ill committed to an institution to attend to their own illness in the hope they eventually figure it out. Do nothing is not the answer. People must be shown the truth and reality is an option.
The main reason the cross is even on public land is for traffic safety reasons. That is an important secular purpose. It's also of historical importance because of its age, another important secular purpose. Now if this was a newly erected monument, like the ten commandments, I'd be all about it being taken down. It is intended to honor the Christian veterans of WW1 (of which there were many, the same reason why that DC soldier cemetery I can't remember the name of is almost all cross headstones). I'm a humanist myself, and I think we should be working on extracting puesdo-religious practices from our laws, such as mentions of god on our money (in god we trust), pledge of allegiance, and the truth oath. Swearing on a bible for said oath should still be available on request, like other religious documents now, but it shouldn't be the default.
Wahhhhh.......Im offended!!!!!!
People like you give Atheism a bad name, go away, we want to live in Peace.
I wonder which foreign power is financing the “Humanist Association” ?
Let us put up memorials to Barney the Dinosaur, he is just as real as any of the thousands of fictional deities. By the way, you call it a “cross”, I call it what it is, a tortured corpse symbol. Medieval gore. If you honor Abe Lincoln do you promote a symbol of him getting his head blown off? No, that would be disgusting, wouldn't it.
@Old Uncle Bob You can have your opinion but you don’t have to share it in a way that disrespects those of faith, SIUYA!
As someone who is both an atheist and a member of the American Legion, I'm a bit torn about this. Both sides have their points, but ultimately, I personally come down on the American Legion side. I wonder how many humanists in general and how many members of the AHA are in agreement with what their organization is doing. Are they happy that their organization is being as antagonistic as the Freedom From Religion Foundation?
I am a Humanist/Atheist, and while I feel that religion is often pushed on people in some conservative areas of the country...at the same time, opposing this cross for BS reasons, just to make a point, just makes us (Humanists) look bad, and isn't a hill that I want us to die on. There are bigger and more important battles, IMHO.
Have you heard of Noah and how Judaism started with Abraham?
So then Noah wasn't jewish or relgious.
He was righteous.
There's some teachings that as an adult would be helpful to relearn.
No one explained outright that technically Noah was not jewish as kids.
Intresting for non relgious gentiles.
Tearing down monuments.. isn’t that what ISIS did in Syria ?? .. Such similarities in the Humanist society actions... hmmmm
The cross honors our veterans, as in veterans cemeteries. What about these peoples money saying "In God we trust"? They giving that up??
abandoned past not to mention it was privately paid for probably by those Christian veterans families.
Oh hell no. Just like the green deal weanies won’t give up their cars, planes and air conditioners. Lol
They felt offended and stigmatized so when they gathered they decided to dedicate it to satanist in ww1.
Then they could have did that in their mind driving by it in the first place of they believed there were satanist in ww1.
Thank you this is helpful.
TYSM FOR THIS!!! Doing a presentation for this in 8th grade civics, a lot of websites were really confusing and long and this states simply what happened.
"Humanist" society
Human unless its something we don't like
*gotcha*
I think there's an easy test for what the 1A prohibits and allows: coercion. So for example, school-sanctioned prayer(Engel v Vitale) which has one religion(or belief in God over unbelief) over another would violate it but this which is not an active push for one religion over another would not.
Very good example...
If government maintains the cross and it occupies government owned space, you could argue that the government is taxing non-religious and using the money for religious purposes. That's clearly an active push and coercion.
@@MikkoHaavisto1 That seems like a stretch to me. It's an interesting argument but I don't think that maintaining a war memorial which they do all the time counts as a religious purpose, simply because it's a cross.
@@HistoryNerd808
What about the
Distinguished Service Cross?
It is the second highest Military Award that can be given to a member of the United States Army...
(And previously the United States Air Force), for extreme gallantry & risk of life in actual Combat with an Armed Enemy Force. Actions that merit the Distinguished Service Cross must be of such a High Degree that they are above those required for all other U.S. Combat Decorations, but do not meet the criteria for the Medal of Honor...
The Distinguished Service Cross is equivalent to the Navy Cross for the Navy & Marine Corps, and the Air Force Cross for the Air Force, and finally the Coast Guard Cross, for the Coast Guard.....
So, since the tax payers pay for those would that be a problem?
@@MikkoHaavisto1
I ask you the same question I asked the other gentleman....