Federal court says cross-shaped veterans memorial in Maryland is unconstitutional

A federal appeals court has ruled that the cross-shaped World War I Veterans Memorial that was erected in Bladensburg Park in Maryland back in the 1920s is unconstitutional.

A three-judge panel of the Fourth Circuit Court of Appeals ruled on Wednesday that the 40-foot-tall display was a violation of the Establishment Clause of the First Amendment, overturning a lower court decision that upheld the constitutionality of the monument.

The memorial, which is located on public land and requires thousands of dollars in public funds to maintain, was erected in 1925 to commemorate the sacrifices of 49 men from the Bladensburg area who died during World War I.

In 2012, the American Humanist Association (AHA) sent a letter to the Maryland National Park and Planning Commission, calling for the removal of the cross.

Two years later, the group filed a lawsuit against the commission on behalf of two members who lived in the area and a person from Beltsville.

In November 2015, judges from the U.S. District Court for the District of Maryland ruled that the memorial was constitutional, prompting the AHA to appeal to the Fourth Circuit, which elected to hear the case on Dec. 7, 2016.

In a 2–1 decision, the judges from the Fourth Circuit ruled in favor of the AHA, saying the memorial "has the primary effect of endorsing religion and excessively entangles the government in religion."

According to World Net Daily, the judges ordered the case returned to the lower court and said that the appeals court was not mandating any particular action as "removing the arms or razing the cross entirely."

The judges further stated that the parties "are free to explore alternative arrangements that would not offend the Constitution."

In a dissenting opinion, Chief Judge Roger Gregory argued that the Constitution "does not require the government to purge from the public sphere any reference to religion."

He further noted that the U.S. Supreme Court "has consistently concluded that displays with religious content – but also with a legitimate secular use – may be permissible under the Establishment Clause."

"The memorial has always served as a war memorial," he said, adding that it "has been adorned with secular elements for its entire history, and sits among other memorials in Veterans Memorial Park."

The First Liberty Institute, which defended the memorial on behalf of the American Legion and others, is now considering appealing the latest ruling up to as high as the Supreme Court.

Spokesman Jeremy Dys said on Wednesday that it could also seek a rehearing before the full circuit court, apart from pursuing a Supreme Court appeal.

"All options are on the table," Dys told World Net Daily, adding that the lawyers "still need to review the opinion and discuss options with our client."