[Ed. – Honoring heroes is unconstitutional?]
A ruling declaring a veterans cross memorial in Maryland to be unconstitutional will be appealed to the U.S. Supreme Court after the Fourth Circuit Court of Appeals declined to rehear the case en banc on Thursday.
The vote to deny the request was 8-6.
“Our holding that the State’s ongoing ownership and maintenance of the Bladensburg cross violated the Establishment Clause recognizes that to hold otherwise would require this court to accept the Commission’s conclusion that the Latin cross does not have the ‘principal or primary effect’ of advancing the Christian faith,” wrote Judge James Wynn.
“To give the judiciary the power to prescribe and proscribe the meaning of an unadorned, traditionally religious symbol like the Latin cross would infringe on intensely personal and sacred questions of religious meaning and belief,” he opined. “Such governmental prescription of religious belief would serve only to ‘degrade religion’—one of the principal outcomes the Framers of the Religion Clauses sought to forestall.”
Judge Paul Niemeyer strongly dissented from the majority.