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Washington Post Staff Writer
Thursday, April 29, 2010
A splintered Supreme Court displayed its deep divisions over the separation of church and state Wednesday, with the court's prevailing conservatives signaling a broader openness to the idea that the Constitution does not require the removal of religious symbols from public land.
A 5 to 4 decision by the court overturns a federal judge's objection to a white cross erected more than 75 years ago on a stretch of the Mojave Desert to honor the dead of World War I.
Six justices explained their reasoning in writing, often using stirring rhetoric or emotional images of sacrifice and faith to describe how religion can both honor the nation's dead and divide a pluralistic nation.
The bottom line, Justice Anthony M. Kennedy wrote, is that "the Constitution does not oblige government to avoid any public acknowledgment of religion's role in society." Although joined in full only by Chief Justice John G. Roberts Jr., Kennedy's opinion will be closely parsed as courts across the country consider challenges to religious displays in public settings.
But it is a narrow ruling, offering less guidance for the future than a stark acknowledgment of the fundamental differences between the court's most consistent conservatives and its liberals in drawing the line between government accommodation of religion versus an endorsement of religion.
To Kennedy, the cross "is not merely a reaffirmation of Christian beliefs" but a symbol "often used to honor and respect" heroism.
He added: "Here, one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten."
Dissenting Justice John Paul Stevens said: "The cross is not a universal symbol of sacrifice. It is the symbol of one particular sacrifice, and that sacrifice carries deeply significant meaning for those who adhere to the Christian faith."
The remainder of the article can be found at:
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/28/AR2010042801949.html
**With the installation of Roberts and Alito, it won't be long before every American must be Christian. So much for big government and activist judges, no?**
;There are certain Christians who try to push their particular brand of Christianity down other peoples' unwilling throats.
With the current makeup of the SCOTUS, I believe we have a good chance of being a "Christian only" nation, and that would really disappoint me because freedom of religion is one of the things I like best about this country.
Christians can do anything they want, so I don't buy that statement that pretty soon they won't be allowed to do this or that.
All it takes is a nut case bringing a lawsuit to the Supreme Court, and the nut cases that are in the majority there will continue their allegiance to George W. Bush. (I'm especially talking about Alito and Roberts, who seem to be built in Scalia's image.)