U.S. Supreme Court: The Mojave Cross can staycreated 4/28/2010 - 2:48 pm, updated 4/28/2010 - 3:25 pm by Chris |
In my opinion, this was never about the 1st Amendment's Establishment Clause. This was about someone who saw an opportunity to have a symbol of Christianity removed from his sight. In this case, the cross was originally erected to honor soldiers that had died in WWI. In decades past, symbols of Christian faith used in this way would not have needed defending. As more individuals get further and further from God, the country as a whole will become more accepting of this kind of challenge. More of these attacks on both faith and heritage will take place. Eventually the ruling will likely go the other direction. The question, then, is when?
The U.S. Supreme Court today raised the bar for those who express an "offense" because of the Christian faith, determining that the Mojave cross in California can remain on the knoll of rock where it has been for more than seven decades.
In the majority opinion delivered by Justice Anthony Kennedy, the court said, "The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm. A cross by the side of a public highway marking, for instance, the place where a state trooper perished need not be taken as a statement of governmental support for sectarian beliefs. The Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society."
The Mojave Cross, encased in plywood to prevent people from seeing the symbolKennedy was joined by Chief Justice John Roberts and Samuel Alito. Roberts and Alito filed additional concurring opinions. Antonin Scalia filed a concurring opinion that was joined by Clarence Thomas. Opposing the ruling were John Stevens, Ruth Ginsberg, Sonia Sotomayor and Stephen Breyer.
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