United States Supreme Court justices have appeared to be struggling with the fate of a 40-foot tall cross honoring the veterans of World War I as there are advocacy for its removal from a memorial ground.
Christian Post reports that supporters and opponents attended oral arguments yesterday after the Supreme Court agreed to hear oral arguments in the consolidated cases of America Legion, et al. v. American Humanist Association and Maryland-National Capital Park v. American Humanist Association, et al.
Director of Religious Freedom Advocacy at the Family Research Council, Alexandra McPhee attended the oral arguments and assisted in drafting their amicus brief.
McPhee told ChristianPost Journalist that the Supreme Court justices appeared to be searching for a “limiting principle,” that involves finding clear limits on government powers.
He added, “What I found interesting was the idea of where to draw the line is so unclear in current Establishment Clause law.”
McPhee is of the opinion that the American Legion was supporting a more “objective standard” considering it is arguing in defense of the Bladensburg Cross, which has “greater historical grounding.”
“And what the American Legion argued was that at the time of the founding something like a religious display would not be a violation of the Establishment Clause unless it was somehow coercive.” McPhee said.
Legal director at Americans United for Separation of Church and State, Richard Katskee attended the oral arguments, he said he believed the high court was unpersuaded by the American Legion.
The legal director said, “The justices clearly were not buying the argument from the American Legion for a simple clear test. ‘You can just look for coercion and that settles everything.’ They were frustrated by that.
“I think in general the justices were struggling to figure out whether there is or can be one clear simple test, and I think that they came out with the same questions they went in with.” Katskee said.