Commentary to the Decision of the U.S. Supreme Court of 20 June 2019 in American Legion v. American Humanist Association (2019)
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Keywords

religious symbols, principle of religious neutrality of state, case-law, the United States

How to Cite

Commentary to the Decision of the U.S. Supreme Court of 20 June 2019 in American Legion v. American Humanist Association (2019). (2020). Forum Prawnicze, 4(54). https://doi.org/10.32082/fp.v4i54.201

Abstract

The discussed decision refers to the issue of constitutionality of religious symbols
on public property. The Supreme Court ruled that 32-foot tall Latin cross erected
nearly a century ago to commemorate soldiers who died in World War I did not
violate the Establishment Clause of the First Amendment. The Court correctly
holds that the religiously expressive monument me be retained for the sake of its
historical significance and its place in a common cultural heritage. However, it
gives rise to concerns that the Supreme Court set forth a presumption of constitutionality
for only ?longstanding? monuments, symbols, and practices. Similarly,
the Court properly emphasizing the nonreligious meaning and functions of the
contested cross, at the same time unduly underestimated its religious dimension.
There is no need to overlook deeply Christian nature of the cross, when simultaneously
exhibiting its cultural and historical importance.

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References