SCOTUS Splits on Church-State Separation in Peace Cross Case

The Supreme Court was all over the place in addressing the underlying issues of the Bladensburg Peace Cross case

The “Peace Cross” which stands on state-owned property in Bladensburg, Maryland. Photo: Chip Somodevilla/Getty Images Even in refined legal circles, nothing arouses strong opinion and emotions quite like church-state separation conflicts.

But even though seven Justices signed onto that result, they were all over the place in addressing the underlying issues, betraying significant heat beneath the dry discussion of a traditional test for weighing church-state separation disputes. Justice Thomas reiterated his eccentric belief that the Establishment Clause of the First Amendment doesn’t apply to the states at all.

“For nearly two millennia,” the Latin cross has been the “defining symbol” of Christianity, R. Jensen, The Cross: History, Art, and Controversy ix , evoking the foundational claims of that faith. Christianity teaches that Jesus Christ was “a divine Savior” who “illuminate[d] a path toward salvation and redemption.” Lynch, 465 U. S., at 708 .

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