Kevin Bartlett, National Judge Advocate of The American Legion, and Kelly Shackelford, President of First Liberty, discuss the importance of saving the memorial following the February 27, 2019 oral argument at the Supreme Court.

BREAKING NEWS: Supreme Court Upholds Memorial!

On June 20, 2019, in a 7-2 decision, the Justices of the Supreme Court of the United States preserved the nearly 100-year old Bladensburg WWI Veterans Memorial, along with memorials like it bearing religious symbols across the country. Most importantly, in The American Legion v. American Humanist Association, the Justices reaffirmed that the First Amendment allows people to use religious symbols and images in public.

“This is a landmark victory for religious freedom. The days of illegitimately weaponizing the Establishment Clause and attacking religious symbols in public are over,” said Kelly Shackelford, President, CEO, and Chief Counsel to First Liberty. “Our Founders would have been appalled at this attempt to make the government hostile to our religious heritage, history, and symbols. The attempted perversion of our Constitution is now over, and every American now has more freedom than they have had in decades, with a government no longer hostile to people or expressions of faith.”

Michael Carvin, lead counsel for The American Legion, partner at Jones Day and First Liberty network attorney, said, “We are grateful for this historic victory for the First Amendment. This decision simply affirms the historical understanding of the First Amendment that allows government to acknowledge the value and importance of religion.”

History of the Bladensburg World War I Veterans Memorial

In 1925, a local post of The American Legion—the largest veterans service organization in the country with approximately 2.2 million members—erected the Bladensburg WWI Veterans Memorial, also known as “Peace Cross,” to honor 49 Bladensburg-area men who gave their lives serving in the U.S. Armed Forces in WWI. The memorial stood for almost 90 years without objection until the American Humanist Association filed a lawsuit in February 2014 alleging the cross-shaped memorial is unconstitutional and demanding it be demolished, altered, or removed.

At the base of the Memorial Cross is a bronze plaque listing the names of the 49 fallen heroes. On the plaque above the names, along with the dates 1917 and 1918, is the inscription “This Memorial Cross Dedicated To The Heroes of Prince George’s County Who Gave Their Lives In The Great War For The Liberty Of The World.”

Four words are inscribed on the base of the memorial above the plaque, one word on each side: Valor, Endurance, Courage, Devotion. A brightly colored image of The American Legion emblem is emblazoned on the memorial on both sides of the intersection of the cross shape.

First Liberty Defends Memorial Against Lawsuit

The American Humanist Association and some of its members filed a lawsuit in February 2014, alleging that the public ownership, maintenance, and display of the memorial violated the Establishment Clause.

First Liberty filed a motion to intervene in the lawsuit on behalf of The American Legion. The United States District Court for the District of Maryland granted the motion, permitting the Legion to become a party in the lawsuit to defend the memorial.

The United States District Court for the District of Maryland ruled that the Bladensburg World War I Veterans Memorial is constitutional. But in December 2015, the American Humanist Association appealed that decision to the U.S. Court of Appeals for the Fourth Circuit.

Both Republican and Democratic members of the House and Senate filed an amicus brief in support of the memorial. View the brief.

When the Court issued its decision against the memorial, First Liberty continued to fight to preserve the Bladensburg World War I Veterans Memorial. On behalf of the American Legion, First Liberty and volunteer firm Jones Day filed a petition for a rehearing en banc with the Fourth Circuit. If granted, all active Fourth Circuit judges would have heard and issued a decision in this extraordinary case. The Fourth Circuit denied the en banc petition, which leaves one final option.

U.S. Supreme Court Hears Case

In November 2018, the U.S. Supreme Court announced that it accepted the appeal of The American Legion et al. v. American Humanist Association et al. The American Legion is asking the Justices to reverse the Fourth Circuit’s decision jeopardizing the Bladensburg memorial.

In its merits brief to the Supreme Court, attorneys with First Liberty and Jones Day argue that the nearly 100-year-old memorial is constitutional. Moreover, the brief suggests that the so-called “Lemon” or “endorsement” test ought to be abandoned and replaced with a more historically-grounded test that protects religious liberty by preventing the suppression and compulsion of religious exercise.

In February 2019, the Court heard oral argument in the case. Michael Carvin of Jones Day presented the case on behalf of The American Legion and First Liberty.