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SCOTUS rules 7-2 that 40 Foot WWI Memorial cross can remain standing on public land Login/Join 
Info Guru
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posted
Holding: The Bladensburg Cross does not violate the Establishment Clause.

Judgment: Reversed and remanded, 7-2, in an opinion by Justice Alito on June 20, 2019. Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, in which Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh joined, and an opinion with respect to Parts II–A and II–D, in which Chief Justice Roberts and Justices Breyer and Kavanaugh joined. Justice Breyer filed a concurring opinion, in which Justice Kagan joined. Justice Kavanaugh filed a concurring opinion. Justice Kagan filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

https://www.supremecourt.gov/o...pdf/17-1717_4f14.pdf



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
A Grateful American
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It's a memorial. It is/was not sanctioned, nor commissioned, nor ordered by any federal or state government. A stretch wider than East is from West to even try and touch the Establishment Clause.

And what a waste of the SCOTUS time and recourses.

Says this American, who also happens to be, a Jew.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44962 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
Political Cynic
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agreed, but its the right rule and settles it

and I'm an atheist



[B] Against ALL enemies, foreign and DOMESTIC


 
Posts: 54257 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Fighting the good fight
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quote:
Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.


Shocker. Roll Eyes
 
Posts: 33711 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Little ray
of sunshine
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quote:
Originally posted by sigmonkey:
It's a memorial. It is/was not sanctioned, nor commissioned, nor ordered by any federal or state government. A stretch wider than East is from West to even try and touch the Establishment Clause.

And what a waste of the SCOTUS time and recourses.

Says this American, who also happens to be, a Jew.


No, it isn't a waste, because now others will know the law and be more likely stop bothering other local governments over such nonsense.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53501 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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Kagan and Breyer are a very pleasant surprise. That's made my day, honestly.
 
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The Unmanned Writer
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Looks like a lowercase "t" to me. Big Grin

However, where the portion of the dissenting opinion notes the location of the cross is within a very busy part of the roadway, I toss the yellow BS flag. In the day the cross was first raised, was the traffic heavier or lighter? Did the people who raised the cross use a crystal ball or call upon a Wican to cast a spell to see how heavy traffic would be today? Big Grin

I believe the 1A sets forth where the goobermint shall NOT [edited to include "not"] establish a bias on anyone who is of a particular religion (i believe, and may be wrong, when the 1A was written there were three or four types of religion considered: Catholic, Baptist, Episcopalian, atheist, and the Salem witches). So with that, as long as the goobermint does not establish a religion nor hold a bias towards anyone's personal religion (or lack thereof), a cross at a memorial for those who have sacrificed their lives for our freedom should be allowed to stand and be erected.






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14337 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
Striker in waiting
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I take personal offense to RBG's dissent in so far as she contends that a Star of David would be inappropriate to memorialize a Christian decedent.

I wonder if she understands much about Christianity at all.

As a proud WASP and Zionist, I would be honored if my Jewish friends memorialized my passing with their symbol of our shared heritage and belief in the God of Abraham.

Might not translate quite as well the other way, but I'd like to think that most conservative (i.e., right-thinking) Jews would be as bothered by it as sigmonkey.

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16341 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
The Unmanned Writer
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quote:
Originally posted by BurtonRW:
I take personal offense to RBG's dissent in so far as she contends that a Star of David would be inappropriate to memorialize a Christian decedent.

I wonder if she understands much about Christianity at all.

As a proud WASP and Zionist, [u]I would be honored if my Jewish friends memorialized my passing with their symbol of our shared heritage and belief in the God of Abraham.[/u]

Might not translate quite as well the other way, but I'd like to think that most conservative (i.e., right-thinking) Jews would be as bothered by it as sigmonkey.

-Rob


I second this!! (the bold and underlined emphasis mine)






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14337 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
אַרְיֵה
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Another Jew here, who is not bothered by the cross that honors our fallen soldiers, and who appreciates the Supreme Court decision (Ginsberg and Sotomayor are idiots, objecting to a symbol that honors our war dead).

Of course, I would like to see a Star of David, as well, but the reality is that most of those soldiers were Christian, and if there is to be only one symbol, I have no problem at all with that symbol being the one that represents the overwhelming majority.



הרחפת שלי מלאה בצלופחים
 
Posts: 31941 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
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quote:
Originally posted by jhe888:
quote:
Originally posted by sigmonkey:
It's a memorial. It is/was not sanctioned, nor commissioned, nor ordered by any federal or state government. A stretch wider than East is from West to even try and touch the Establishment Clause.

And what a waste of the SCOTUS time and recourses.

Says this American, who also happens to be, a Jew.


No, it isn't a waste, because now others will know the law and be more likely stop bothering other local governments over such nonsense.


Depends on one's perspective, I'd suppose,

It could be referred to as a waste because it never should have happened to begin with.

SCOTUS just affirmed that stopping the arguments against these monuments.

While I agree with your analysis as well since the decision affirms what we (at least SF) thought to begin with, that their argument wasn't going to hold water.
 
Posts: 25033 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
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quote:
Originally posted by V-Tail:
Another Jew here, who is not bothered by the cross that honors our fallen soldiers, and who appreciates the Supreme Court decision (Ginsberg and Sotomayor are idiots, objecting to a symbol that honors our war dead).

Of course, I would like to see a Star of David, as well, but the reality is that most of those soldiers were Christian, and if there is to be only one symbol, I have no problem at all with that symbol being the one that represents the overwhelming majority.


I am of the same tribe and agree.

Would this case have even been argued if the religious symbol concerned had been a crescent moon with a star inside of its arc?


__________
"I'd rather have a bottle in front of me than a frontal lobotomy."
 
Posts: 3675 | Location: Lehigh Valley, PA | Registered: March 27, 2007Reply With QuoteReport This Post
Muzzle flash
aficionado
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quote:
Originally posted by jhe888:
No, it isn't a waste, because now others will know the law and be more likely stop bothering other local governments over such nonsense.
Dream on. The Liberals/Progressives will not be deterred by this--they'll keep on making waves about Christian memorials just to keep the Conservatives spending money to fight it.

flashguy




Texan by choice, not accident of birth
 
Posts: 27911 | Location: Dallas, TX | Registered: May 08, 2006Reply With QuoteReport This Post
Three Generations
of Service
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quote:
Originally posted by RogueJSK:
quote:
Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.


Shocker. Roll Eyes


Took the words right off my keyboard!




Be careful when following the masses. Sometimes the M is silent.
 
Posts: 15708 | Location: Downeast Maine | Registered: March 10, 2010Reply With QuoteReport This Post
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Another non-believer that is not the least bit offended by it. If someone chose to honor me in death with a religious symbol that was meaningful to them, it would be fine.
 
Posts: 9166 | Location: The Red part of Minnesota | Registered: October 06, 2002Reply With QuoteReport This Post
Staring back
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How long before they go after Arlington? All of those crosses on federal land? The horror!


________________________________________________________
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Posts: 21190 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
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quote:
Originally posted by Gustofer:
How long before they go after Arlington? All of those crosses on federal land? The horror!
If that 'ever' happens (and I wouldn't put it past them), its time for heads to be placed on polls.

Its unfortunate that SCOTUS even has to weigh in on such nonsense, but that's the ridiculous world we live in today. Hopefully this precedent will help deter further BS on the topic.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Get my pies
outta the oven!

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Was this another one of those Mikey Weinstein deals?

How does this ONE ASSHOLE have all this power? The guy is hellbent on removing any trace of Christianity from the USA. Mad

I'm glad he was told to fuck off.


 
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A Grateful American
Picture of sigmonkey
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quote:
Originally posted by jhe888:
quote:
Originally posted by sigmonkey:
It's a memorial. It is/was not sanctioned, nor commissioned, nor ordered by any federal or state government. A stretch wider than East is from West to even try and touch the Establishment Clause.

And what a waste of the SCOTUS time and recourses.

Says this American, who also happens to be, a Jew.


No, it isn't a waste, because now others will know the law and be more likely stop bothering other local governments over such nonsense.


Being youse is a lawyer, does the SC ruling now invite the argument that since a branch of the .gov has made a ruling, that it becomes defacto "Establishing" by "the State"?

Just wondering out loud.

thx.

And I do appreciate the tone of the majority of the court's position on the issue.

(There are lots of facets to my opinions, but I often generalize a specific point, to give folks a break from my endless stream of consciousness...)




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44962 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
Lead slingin'
Parrot Head
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I was about to post this great news in the previous forum thread...but no matter. Bladensburg Peace Cross WWI memorial Supreme Court case could have far reaching impact on Arlington and other national cemeteries

Just glad the majority of SCOTUS handed down the correct ruling.
 
Posts: 7324 | Location: the Centennial state | Registered: August 21, 2006Reply With QuoteReport This Post
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