Argument Analysis: Legion v. American Humanist Association

Monica L. Waller, arguing for respondent in American Legion v. American Humanist Assoc., 2-27-19Jackson Foster is a freshman at UA, majoring in Religious Studies and History and minoring in the Blount Undergraduate Initiative and Randall Research Scholars Program. He is currently studying the intersections between law, politics, and religion in Dr. Altman’s REL130 course. This piece was originally published in High School SCOTUS, a national Supreme Court blog comprised of young students like Jackson.

The Supreme Court heard arguments last month in American Legion v. American Humanist Association, a case involving a 40-foot Peace Cross situated in a Maryland public park. Before (and since) the argument, American Legion has received special attention from the constitutional scholar and layman alike. It has been enveloped in media scrutiny (see Nina Totenberg’s Cross Clash Could Change Rules For Separation Of Church And State); it is one of the first Establishment Clause cases in the Kavanaugh era, and it may spell the end of the Lemon test.

While constitutional considerations carry great weight, they miss the heart of this case. American Legion does not so much implicate the Establishment Clause or the Lemon test as it implicates American civil religion. The questions argued in the case, therefore, can be nicely distilled to one: Is the cross civil or sectarian? Continue reading

“Brotherhood, Peace, and Let Loose with their Money”

Nativity-SceneWith the Christian holiday season upon us, and the inevitable media coverage of the so-called “war on Christmas,” it’s worth remembering Lynch v. Donnelly (465 U.S. 668) — a US Supreme Court case from 1984 in which the city of Pawtucket, RI, was sued over the annual nativity scene that it erected, at (admittedly minimal) public expense each year in the downtown shopping area. Continue reading