Legal Opinion
Jewish War Veterans of the United States v. United States
District Court, District of Columbia
Decided August 30, 1988No. Civ. A. 87-1561PublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM OPINION
THOMAS F. HOGAN, District Judge.
Plaintiffs challenge the constitutionality of a Latin cross, 65 feet tall and brightly lit each night, serving as a war memorial at Camp H.M. Smith, a United States Marine Corps base in Hawaii. Unfortunately, the government’s choice of the principal and universally recognized symbol of Christianity to achieve a secular goal cannot withstand Establishment Clause scrutiny in this instance. Accordingly, under Supreme Court precedent the Court is compelled to require that the cross be removed or replaced by a nonreligious symbol.
Background
This…
2Cases cited29 opinions
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Flast v. CohenSupreme Court of the United States · 1968
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Lemon v. KurtzmanSupreme Court of the United States · 1971
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3Cited by22 opinions
- Newdow v. BushDistrict Court, District of Columbia · 2005
- Trunk v. City of San DiegoCourt of Appeals for the Ninth Circuit · 2011
- Suhre v. Haywood CountyCourt of Appeals for the Fourth Circuit · 1997
- Gonzales v. North Township Of Lake CountyCourt of Appeals for the Seventh Circuit · 1993
- American Legion v. American Humanist Assn.Supreme Court of the United States · 2019
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