On 29 Apr 10, the “Washington Post” reported that, the Supreme Court overturned a lower court's decision which could have required the removal of a white cross which was erected more than 75 years ago in the Mojave Desert with a plaque dedicating it to those who served and died during World War I.

The cross was erected by the Veterans of Foreign Wars (VFW) in 1934 on a remote strip of land located in the Mojave desert which eventually became federal land. When the presence of the cross was challenged as a violation of the Establishment Clause of the First Amendment, Congress elected to swap land such that the acre would transfer to private ownership so that the contest would be rendered moot. Frank Buono and the ACLU contested the transfer as a means to circumvent the First Amendment and continued to press for the removal of the cross. The argument was affirmed by the Ninth Circuit Court.

The first amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;...” According to the Washington Post report, Justice Anthony M. Kennedy wrote, "the Constitution does not oblige government to avoid any public acknowledgment of religion's role in society."

This statement would appear to bring into question what the word, “establishment” means. The word's definition is much stronger than such words as “endorsement,” “recognition,” or “presence.” The mere presence of a cross on federal land is in of itself is not a law and further, does not by itself “establish” a federally sponsored religion.

A 28 Apr 10 Associated Press report posted by MSNBC pointed out that the ruling may have impacts upon two other cross cases, “a 29-foot cross and war memorial on Mt. Soledad in San Diego and Utah's use of 12-foot-high crosses on roadside memorials honoring fallen highway patrol troopers.”

Washington Post (29 Apr 10)

MSNBC (28 Apr 10)

Townhall.com (3 May 10)