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Supreme Court rules cross at state-run WWI memorial can remain
The Hill ^ | June 20, 2019

Posted on 06/20/2019 7:57:19 AM PDT by SMGFan

The Supreme Court ruled Thursday that a large cross in Maryland known as the "Peace Cross" is not in violation of the Constitution's Establishment Clause and can remain in place.

The American Legion had built 40-foot tall cross in a memorial park for World War I veterans in Maryland, and a state commission later took over responsibility for the park, including caring for the cross.

But non-Christian residents argued that the government’s care of the cross is in violation of the Constitution’s separation of church and state.

The justices were split in their rulings, with Justices Samuel Alito, Stephen Breyer, Elena Kagan and Brett Kavanaugh, along with Chief Justice John Roberts, signing on to one majority opinion, and Justices Alito, Roberts, Breyer and Kavanaugh signing on to another in respect to another aspect of the case.

Justices Neil Gorsuch and Clarence Thomas signed onto a concurring opinion.

Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.


TOPICS: Constitution/Conservatism; Government
KEYWORDS: judiciary
Time for RGB to retire.
1 posted on 06/20/2019 7:57:19 AM PDT by SMGFan
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To: All

Where in the Constitution are the words “separation of religion and state”. What I believe I read was freedom of religion.


2 posted on 06/20/2019 8:02:06 AM PDT by Retvet (Retvet)
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To: SMGFan

Time for RGB to retire.

...

The nihilistic saint of infanticide.


3 posted on 06/20/2019 8:02:25 AM PDT by Moonman62 (Facts are racist.)
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To: SMGFan

So will the liberals agree that this is “stare decisis” and not keep agitating and snarking about “separation of church and state” on any public display of anything which touches on religion????


4 posted on 06/20/2019 8:02:26 AM PDT by Dilbert San Diego
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To: SMGFan; Tolerance Sucks Rocks
Praise the Lord! This cross is at a busy intersection, and has been a landmark since WW1.


5 posted on 06/20/2019 8:02:55 AM PDT by Albion Wilde (It is fatal to enter any war without the will to win it. --Douglas MacArthur)
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To: SMGFan

Seven to two! (wise Latina and Nortorious RBG)


6 posted on 06/20/2019 8:04:09 AM PDT by Albion Wilde (It is fatal to enter any war without the will to win it. --Douglas MacArthur)
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To: SMGFan

This is in my neighborhood, perhaps 2 or 3 miles from the house. Several of our friends worked on the early case as experts or lawyers. Looking forward to reading the opinion and seeing how the court interpreted the facts against the “Lemon Test,” doctrine that was relevant to one of my bar exam essays.


7 posted on 06/20/2019 8:04:27 AM PDT by jimfree (My18 y/o granddaughter continues to have more quality exec experience than an 8 year Obama.)
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To: SMGFan

>>Time for RGB to retire.<<

She did. Her android replacement sits on the bench, complete with “sleep” mode during oral arguments and SOTU addresses.


8 posted on 06/20/2019 8:04:41 AM PDT by nickedknack
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To: SMGFan

I agree 100% with Gorsuch’s concurrence that suits like this should be dismissed for lack of standing (the “offended observer” concept is nonsense) and wish that view had prevailed, but this decision at least guarantees that a lot of historical monuments won’t be removed by leftist lower court judges, so it’s not all bad.


9 posted on 06/20/2019 8:08:09 AM PDT by Stravinsky
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To: Stravinsky

I agree 100% with Gorsuch’s concurrence that suits like this should be dismissed for lack of standing (the “offended observer” concept is nonsense) and wish that view had prevailed,

...

Thanks for bringing up an important fact I didn’t know.


10 posted on 06/20/2019 8:10:08 AM PDT by Moonman62 (Facts are racist.)
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To: Retvet

Constitution reads, in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”

For the life of me I cannot see how he separation argument holds any water at all.


11 posted on 06/20/2019 8:11:16 AM PDT by billyboy15
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To: SMGFan
I carry a Pocket Constitution, and bet people $100 if they can find the words 'separation of church and state' in there.

Nobody has ever taken that bet.

12 posted on 06/20/2019 8:19:56 AM PDT by real saxophonist (One side has guns and training. Other side's primary concern is 'gender identity'. Who's gonna win?)
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To: SMGFan

Good, right call, but this is 20 years behind the curve. This should have been established in the 1990s.

Meanwhile, the court seems to be ducking freedom of speech, illegal immigration, and abortion as fast as it can.


13 posted on 06/20/2019 8:23:04 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: LS; All

The FIRST AMENDMENT is about FREEDOM OF RELIGION rather than freedom from religion. = It’s long past time for the SCOTUS to strike down every regulation/judicial decision that promotes “separation of church & state” as UNCONSTITUTIONAL.

Yours, TMN78247


14 posted on 06/20/2019 8:34:29 AM PDT by TMN78247 ("VICTORY or DEATH", William Barrett Travis, LtCol, comdt., Fortress of the Alamo, Bejar, 1836)
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To: Albion Wilde

she is ready to give more angry minority opinions tomorrow , and Monday and beyond until the remaining 16 cases are addressed.


15 posted on 06/20/2019 9:02:13 AM PDT by SMGFan ("God love ya! What am I talking about")
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To: SMGFan

How generous of SCOTUS to allow God to stay in our country.


16 posted on 06/20/2019 9:09:57 AM PDT by 353FMG
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To: Albion Wilde

Praise the Lord, Indeed!


17 posted on 06/20/2019 10:38:32 AM PDT by Tolerance Sucks Rocks (The Modern Democrat Party: America's largest hate group.)
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To: Stravinsky
I agree 100% with Gorsuch’s concurrence that suits like this should be dismissed for lack of standing (the “offended observer” concept is nonsense) and wish that view had prevailed, but this decision at least guarantees that a lot of historical monuments won’t be removed by leftist lower court judges, so it’s not all bad.

Agreed. Was happy that Thomas joined his concurrence. Would that more of them would see the light on both the 'offended observer' crap and 'stare decisis' as enumerated by Thomas yesterday. Old decisions should not be granted the status as 'holy writ'.

18 posted on 06/20/2019 11:12:01 AM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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To: Albion Wilde

Beautiful.


19 posted on 06/20/2019 4:52:46 PM PDT by MarvinStinson
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