4th Circuit: WWI Memorial Must Be Torn Down Bc in Shape of Cross
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Date: October 19th, 2017 9:42 AM Author: Out-of-control gaping garrison
http://www.foxnews.com/opinion/2017/10/18/federal-court-rules-world-war-memorial-cross-must-be-torn-down.html
On Wednesday, the Fourth Circuit Court of Appeals agreed and ruled the historic memorial must be torn down -- all because the Bladensburg Memorial is in the shape of a cross.
The Fourth Circuit said the memorial excessively entangles the government in religion because the cross is the “core symbol of Christianity” and “breaches” the wall separating church and state.
Writing separately, Chief Judge Gregory wrote, “This Memorial stands in witness to the VALOR, ENDURANCE, COURAGE, and DEVOTION of the forty-nine residents of Prince George’s County, Maryland ‘who lost their lives in the Great War for the liberty of the world.’ I cannot agree that a monument so conceived and dedicated and that bears such witness violates the letter or spirit of the very Constitution these heroes died to defend.”
The American Legion could appeal directly to the Supreme Court.
"Today's decision sets dangerous precedent by completely ignoring history, and it threatens removal and destruction of veterans memorials across America," First Liberty Institute attorney Hiram Sasser said.
First Liberty Institute and the Jones Day law firm are representing the American Legion in their fight.
“This memorial has stood in honor of local veterans for almost 100 years and is lawful under the First Amendment,” Jones Day attorney Michael Carvin said. “To remove it would be a tremendous dishonor to the local men who gave their lives during The Great War.”
I warned Americans in my new book, “The Deplorables’ Guide to Making America Great Again,” that the war against religious liberty and traditional American values is far from over.
A militant group of atheists, agnostics and free-thinkers want to eradicate Christianity in the public marketplace. The only way to stop this evil scourge is for people of faith to stand together and fight back in the courts.
WTF libs explain
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478012) |
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Date: October 19th, 2017 9:51 AM Author: Out-of-control gaping garrison
https://www.washingtonpost.com/local/public-safety/towering-cross-shaped-monument-on-public-land-is-unconstitutional-court-rules/2017/10/18/b26e4afe-5b47-11e7-9b7d-14576dc0f39d_story.html?utm_term=.f62d8bb17ec7
A federal appeals court on Wednesday declared unconstitutional a towering cross-shaped monument that has marked a major intersection in Prince George’s County for 90 years.
In a 2-1 ruling, the U.S. Court of Appeals for the 4th Circuit said the 40-foot-tall memorial maintained with thousands of dollars in public funds “has the primary effect of endorsing religion and excessively entangles the government in religion.”
The ruling by the three-judge panel does not mean the monument must be immediately removed from public land.
Supporters of the memorial, known as the Peace Cross, said the decision sets a “dangerous precedent” and vowed to appeal to the Supreme Court.
The question for the 4th Circuit was whether the cross — which stands at Maryland Route 450 and U.S. Route 1 in Bladensburg — is a memorial to local men lost in World War I or an unconstitutional government endorsement of religion that should be removed from public land.
Built in 1925 with funding from local families and The American Legion, the marble-and-cement cross honors 49 Prince George’s County men who died in the war. On the base are the words: valor, endurance, courage and devotion. A bronze tablet lists the names of the men and includes a quote from President Woodrow Wilson. The monument is part of a larger memorial park in the immediate area honoring veterans of several wars.
Even with the nonreligious elements, the court said Wednesday, “the sectarian elements easily overwhelm the secular ones,” making it an unconstitutional violation of the First Amendment that prevents the government from favoring a particular religion.
“The cross is by far the most prominent monument in the area, conspicuously displayed at a busy intersection,” wrote Judge Stephanie D. Thacker, who was joined by Judge James A. Wynn, Jr. in the opinion Wednesday by the appeals court located in Richmond.
Chief Judge Roger L. Gregory dissented, writing the First Amendment does not require the government to “‘purge from the public sphere any reference to religion.’”
The ruling comes as public displays of religion have been challenged in courts throughout the country. The Supreme Court has not given clear guidance, allowing some monuments with religious content to stand while rejecting others on public sites.
The Maryland-National Capital Park and Planning Commission, a state agency, owns the land and monument, and has spent about $117,000 to maintain and repair the cross, in addition to setting aside $100,000 for renovations.
Gregory wrote the majority “ignores certain elements of the memorial . . . and confuses maintenance of a highway median and monument in a state park with excessive religious entanglement.”
In his dissent, Gregory said it was significant that the monument had been public property for 50 years without a constitutional challenge.
Thacker disputed the importance of the lengthy period of time: “Perhaps the longer a violation persists, the greater the affront to those offended.”
In closing, Gregory quoted the words on the memorial honoring the veterans: “I cannot agree that a monument so conceived and dedicated and that bears such witness violates the letter or spirit of the very Constitution these heroes died to defend.”
[Read the full 4th Circuit opinion here]
Kelly Shackelford, president of First Liberty Institute, a nonprofit that helped The American Legion defend the cross, called the court’s decision an “outrageous ruling that sets a dangerous precedent and threatens the removal of memorials across the country.”
Shackelford said the religious-freedom organization would take the case to the Supreme Court. “We’re certainly not going to stop here,” he said. “If this is the law, everything else is in danger.”
In response to concerns about the impact on other memorials, the 4th Circuit opinion noted, for instance, the crosses at Arlington National Cemetery are smaller and displayed among religious symbols of many religions both on headstones and monuments. The ruling includes a photo of headstones from the cemetery.
The initial challenge in Maryland was brought by the American Humanist Association, a Washington-based group that represents atheists and others. The group did not dispute the monument is a memorial, but said in court that a giant cross on government property sends a message of exclusion in violation of the First Amendment.
A District Court judge in 2015 declined to order the cross removed from public land, saying it is a historically significant secular war memorial and that the government agency had a nonreligious reason for maintaining it.
[Judge: Forty-foot cross is not a government endorsement of religion]
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In response to the 4th Circuit ruling on Wednesday, the humanist association’s executive director, Roy Speckhardt said, “government war memorials should respect all veterans, not just those from one religious group.”
If the Supreme Court does not agree to take up the Prince George’s case, the ruling would stand and a District Court judge would have to decide whether to order the removal of the cross.
At oral argument last December, Thacker and Wynn suggested the legal issues could be resolved outside of court by moving the site of the cross — or by cutting off the arms of the cross to form an obelisk.
Park and Planning Commission officials remain convinced the memorial is legal and have not “engaged in any serious consideration” of the idea of transferring the land to a private organization, according to Adrian R. Gardner, the agency’s general counsel.
The commissioners, Gardner said in an email Wednesday, will determine “how best to advance the community’s interest in light of the ruling.”
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478064) |
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Date: October 19th, 2017 9:55 AM Author: nubile useless brakes
At oral argument last December, Thacker and Wynn suggested the legal issues could be resolved outside of court by moving the site of the cross — or by cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
cutting off the arms of the cross to form an obelisk.
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478096) |
Date: October 19th, 2017 10:40 AM Author: buck-toothed maize crotch
At oral argument last December, Thacker and Wynn suggested the legal issues could be resolved outside of court by moving the site of the cross — or by cutting off the arms of the cross to form an obelisk.
LMFAO
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478406) |
Date: October 19th, 2017 11:28 AM Author: violent insane corner
It's a giant cross. This shouldn't really be a huge surprise.
Ideally the American Legion or other private groups can take over maintenance or something to avoid "government entanglement."
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478783) |
Date: October 19th, 2017 11:45 AM Author: black talking address trump supporter
Lib here, this is fucking stupid
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478886)
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Date: October 19th, 2017 11:49 AM Author: Twinkling Startling Mad Cow Disease
"Speckhardt earned a Bachelor of Arts in sociology from Mary Washington College and a Master of Business Administration, with a concentration in information systems management, from George Mason University. In addition to his college education, he received specialized training in nonprofit tax law, financial management, grassroots organizing, fundraising, and dispute resolution.[where?]
Early in his career, Speckhardt was a fundraiser for various causes, including AIDS research and wildlife conservation, and worked on the "World Difference Campaign" of the Anti-Defamation League."
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34478917) |
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Date: October 19th, 2017 12:05 PM Author: violent insane corner
(a) Because nothing has been destroyed
(b) Because nobody is suggesting that all crosses need to be destroyed
(c) Because the government is not endorsing any particular religion as the basis for "destroying" any other religious monuments
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34479011)
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Date: October 19th, 2017 12:26 PM Author: violent insane corner
Well, for the reasons I stated.
Do you think the Taliban told people "Hey, if you could just move your Buddha off of this government property or stop using government funds to maintain it, that would be great. We don't have any problem with that Buddha on your own property/dime."
Is this low IQ schtick you're running?
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34479138) |
Date: October 19th, 2017 12:37 PM Author: Sapphire Deer Antler Shrine
the way this works in criminal law is that the courts acknowledge something that was screwing the defendants was improper, but we're only going to save the one appealing defendant and future ones. past defendants? sol
to any extent this is a violation of the 1st amendment, it should stay for historical reference and let contemporaneous shitlibs fight new ones.
rather like how confederate monuments should have been handled
(http://www.autoadmit.com/thread.php?thread_id=3768523&forum_id=2#34479242) |
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