The American Legion and its supporters recently filed initial briefs in The American Legion v. American Humanist Association, a Supreme Court case to be argued in February concerning the constitutionality of a four-foot, 90-year-old memorial cross displayed and maintained by a state agency in Bladensburg, Maryland. Depending on how the court rules, however, much more is at stake.
Now that the court has turned decidedly to the right with the confirmation of President Trump’s nominees, Justices Brett Kavanaugh and Neil Gorsuch, the American Legion’s lawyers and supporters are arguing that the court should upend numerous court decisions and rule that government can legally take action to promote or endorse a specific religion. This would effectively turn those who do not believe in that religion into second-class citizens.
