Two Obama-appointed judges declared that a World War One memorial in the shape of a cross that has stood since 1925 violated the First Amendment.
“Judge Stephanie D. Thacker, who wrote the majority opinion for the panel, analyzed the constitutional question by asking what a “reasonable objective observer” would think when passing by the memorial. That observer, she concluded, would perceive the cross as an endorsement of the Christian faith, noting its size.” (WSJ)
It’s size? The cross is 40 feet tall. So at what height does the memorial become Constitutional? 30 feet? 27.5? 14?
Also, at what point does a memorial that has stood constitutionally for nearly a century become unconstitutional?
However, the ruling says that while a memorial cross must be taken down, other religious symbols are ok.
“Further, a Latin cross differs from other religious monuments, such as the Ten Commandments or the motto “In God We Trust.” Those symbols are well known as being tied to our Nation’s history and government, and courts have thus upheld their public display. See, e.g., Van Orden, 545 U.S. at 688 (noting the secular role of the Ten Commandments in American history); Lambeth, 407 F.3d at 271–72 (acknowledging the ties between American history and the motto “In God We Trust”). Appellees have not sufficiently demonstrated that the Latin cross has a similar connection.” (From the Opinion)
So these judges ruled that a memorial that the Ten Commandments and “In God We Trust” would’ve been just fine and made for a very constitutional memorial, but a cross, especially a Latin cross, well THAT’S an establishment of religion!
This judicial logic is embarrassing to the point that it is almost impeachable.
“Arlington National Cemetery is a designated area for commemorating and memorializing veterans who have passed away. The crosses there are much smaller than the 40-foot tall monolith at issue here.”
I’m almost in tears. This Court is somehow setting a size standard for constitutionality. Someone better shrink the Washington Monument.
Judge Gregory’s dissent destroys the Court’s logic.
“Would the majority’s version of a reasonable observer be satisfied and better equipped to evaluate the Memorial’s history and context if the cross were smaller? … What guiding principle can be gleaned from the majority’s focus on the cross’s size? Understandably, the majority’s decision would lead to per se findings that all large crosses are unconstitutional despite any amount of secular history and context, in contravention of Establishment Clause jurisprudence.”
On the heels of the NFL players protesting the national anthem and liberals like Ralph Northam pledging to do everything he can to eliminate other war memorials, now the left is seriously rallying against honoring the fallen heroes who fought in World War One.
Enough is enough. Our nation’s founding documents respected and acknowledged God and his divine providence, and those who wrote them thought enough about it to protect the free exercise of religion (a part of the First Amendment that is too often ignored).
We will stand up and defend our founding principles and our shared values, and a war memorial that has stood constitutionally for nearly a century should remain standing, in loyal, respectful honor to the souls who fought and died so that those principles would live on.
