Supreme Court to Hear Mojave Cross Case

February 24, 2009

Author: David G. Savage

Source: The Los Angeles Times

http://www.latimes.com/business/careers/work/la-na-supreme-court-cross24-2009feb24,0,6413397.story

In a case that could reshape the doctrine of separation of church and state, the Supreme Court agreed Monday to decide whether a cross to honor fallen soldiers can stand in a national preserve in California.

The case will give the Roberts court its first chance to rule directly on the 1st Amendment's ban on "an establishment of religion."

In the last two decades, the justices have been closely divided on whether religious symbols, such as the Ten Commandments or a depiction of Christ's birth, can be displayed on public property.

Four years ago, then-Justice Sandra Day O'Connor cast a fifth and deciding vote against the display of the Ten Commandments in a Kentucky courthouse. She said such a public display of a religious message violated the 1st Amendment because it amounted to a government endorsement of religion.

In dissent, the court's conservatives said religious displays on public land generally do not violate the 1st Amendment, since no one is forced to listen to a religious message or participate in a religious event.

A year later, O'Connor retired and was replaced by Justice Samuel A. Alito Jr., President Bush's second appointee, who could form a new majority on religion.

At issue is an eight-foot-tall cross in the Mojave National Preserve in San Bernardino County. A smaller wooden cross was first erected by the Veterans of Foreign Wars in 1934 and was originally maintained as a war memorial by the National Park Service.