Today, the Supreme Court heard oral arguments on the World War I memorial cross.

The nearly century old cross, erected by the American Legion, is the subject of debate involving anti-Christian and atheist groups.

Most of the Justices seemed to side with the American Legion and State of Maryland.

Justice Elena Kagan noted that the cross became a particular symbol associated with those killed in World War I. Justice Stephen Breyer asked about the importance of historical context to this case, indicating that older crosses could be permissible but erecting new religious symbols would not.

“History matters,” Breyer said. “So what about saying past is past, if you go back 93 years, but no more.”

However, the Conservative block of Justices seemed prepared to go even further.

“Trump Justices” Neil Gorsuch and Brett Kavanaugh both signaled they were ready to scrap the Lemon test which established a set of rules to determine if a government policy “endorses” religion.

In addition, Justice Samuel Alito became forceful with the lawyers for the anti-Christian group. At one point, Alito strongly stated to the anti-Christian advocates that their actions would impact “cross monuments all over the country.” Continuing, he pointedly asked them “Do you want them (crosses) all taken down?”

Finally, Justice Clarence Thomas stated that the “endorsement” of religion should not be the question at all. Rather, “coercion” should be the “new test”. In other words, if a government action or policy is “forcing” someone to subscribe to a particular religious belief, that would amount to “establishing a religion.”

In Thomas’ mind, the mere placement of a Christian symbol on public land — or even a Bible in school — would not be indicative of “establishing a religion” because no coercion is present on the part of the government.

If the “Conservative block” get their way and replace the Lemon test with Thomas’ “coercion” test, it would effectively scrap “separation of church and state” jurisprudence by raising the bar an anti-faith-based challenge must meet for a religious program, text, or Christian symbol to be ruled unconstitutional.

However, Chief Justice Roberts questioned Gorsuch, Kavanaugh, Alito, and Thomas’ view of needing any new “test”, suggesting current jurisprudence is fine.

In Roberts’ mind, the Lemon test is “fine”.

If that is the case, the so-called “wall of Separation of Church and State” will remain intact.

Regardless, the War Memorial Cross will likely remain in place as 7 out of 9 Justices favored it.

The cases are American Legion v. American Humanist Association, 17-1717, and Maryland-National Capital Park and Planning Commission v. American Humanist Association, 18-18.

Max is the host of The Max Radio Broadcast on YouTube and founder of The Max Warriors Network — a dedicated brigade of Deplorables which infiltrates and reports on Antifa activity.

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