Establishment Clause and Religious Displays
Overview of Supreme Court Precedent
On February 27, in American Legion v. American Humanist Association, the Supreme Court is scheduled to hear oral argument on the constitutionality of a large cross that was erected as a war memorial in Prince George’s County, Maryland. Last year, the U.S. Court of Appeals for the Fourth Circuit held that the cross display violated the First Amendment’s Establishment Clause. The Supreme Court agreed to review this decision, considering not only whether the memorial is unconstitutional, but also what test should govern this inquiry. The case thus presents the Court with the opportunity to clarify its Establishment Clause jurisprudence —…
