Supreme Court Keeps Mojave Cross Case Alive
Divided 5-4 Decision Sends Case to Lower Court, Hints That Cross Should Stand
By ARIANE de VOGUE
WASHINGTON, April 28, 2010
A divided Supreme Court ruled today that a lower court failed to conduct an appropriate analysis when it ordered a white cross removed from California's Mojave National Preserve. The cross, first erected by the Veterans of Foreign Wars more than 70 years ago, had become a flashpoint in the ongoing debate about religious symbols on public property.
"The goal of avoiding governmental endorsement [of religion] does not require eradication of all religious symbols in the public realm," Justice Anthony Kennedy wrote in the 5-4 majority opinion. "A cross by the side of a public highway marking, for instance, the place where a state trooper perished, need not be taken as a statement of governmental support for sectarian beliefs."
Kennedy's language was bold regarding the symbolism of a cross, which, he said, can include non-religious significance.
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Divided 5-4 Decision Sends Case to Lower Court, Hints That Cross Should Stand
By ARIANE de VOGUE
WASHINGTON, April 28, 2010
A divided Supreme Court ruled today that a lower court failed to conduct an appropriate analysis when it ordered a white cross removed from California's Mojave National Preserve. The cross, first erected by the Veterans of Foreign Wars more than 70 years ago, had become a flashpoint in the ongoing debate about religious symbols on public property.
"The goal of avoiding governmental endorsement [of religion] does not require eradication of all religious symbols in the public realm," Justice Anthony Kennedy wrote in the 5-4 majority opinion. "A cross by the side of a public highway marking, for instance, the place where a state trooper perished, need not be taken as a statement of governmental support for sectarian beliefs."
Kennedy's language was bold regarding the symbolism of a cross, which, he said, can include non-religious significance.
Read entire article
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