Wade through the 87 pages of the June 20 decision in American Legion v. American Humanist Association and you will find no bright-line test for when a monument with a religious symbol runs afoul of the establishment clause. Still, the court offers some guidance that may help in deciding such cases. The sound bite version is that when it comes to such public displays, age and intent matter. In terms of defending against constitutional attack, it is better if the monument has been around for a very long time and that the intent in placing it was weighted more in favor commemorating something nonsectarian.

The appendix to the opinion tells a good part of the background in the photographs. The Bladensburg Peace Cross monument was erected in 1925 following a seven-year effort by local citizens of Prince George’s County and later the local American Legion post. It features a 32-foot Latin cross and emblem of the American Legion at its center. The cross was chosen because it was reminiscent of the fields of crosses marking the graves of fallen soldiers buried overseas. On the pedestal supporting the cross is a bronze plaque with the names of the 49 soldiers from Prince George’s County who gave their lives in World War I.

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