American Legion v. American Humanist Association

Facts

In 1918, residents of Prince George’s County, Maryland formed a committee to create a memorial for local soldiers who died in World War I. They chose a cross design, reflecting the cross’s widespread use as a symbol of the war, particularly in military cemeteries overseas. The American Legion completed the monument in 1925 after the original committee ran out of funds. The 32-foot tall Latin cross sits on a large pedestal that displays the American Legion emblem, the words “Valor,” “Endurance,” “Courage,” and “Devotion,” and a plaque listing the names of 49 local soldiers who died in the war. The cross stands at a busy intersection that has become a veterans memorial park, with monuments to other conflicts added nearby. In 1961, the Maryland-National Capital Park and Planning Commission acquired the cross and land to address traffic safety concerns, and has since spent approximately $117,000 maintaining the monument. In 2014, the American Humanist Association and three local residents filed suit, claiming that the cross’s presence on public land and the Commission’s maintenance of it violated the Establishment Clause. They sought removal or demolition of the cross, or removal of its arms to create a non-religious monument.