Ruth Bader Ginsburg Delivers Sharp Dissent In Supreme Court Cross Case

Source: Huffington Post

By Marina Fang

Ginsburg, who is Jewish and whose late husband was an Army veteran, disagreed that a 40-foot World War I memorial cross could be considered a secular symbol.

Supreme Court Justice Ruth Bader Ginsburg on Thursday wrote the lone dissenting opinion in a divisive case on whether a 40-foot cross honoring World War I veterans in a suburb of Washington, D.C., was unconstitutional.

Suggested reading: The Supreme Court’s ‘Peace Cross’ case demonstrates the fine art of pretending religious symbols aren’t religious

In a narrow and unusually fragmented ruling, seven of the nine justices agreed that the monument, which sits on public land, does not violate the First Amendment’s establishment clause, which bars the government from unduly favoring one religion over another.

However, they disagreed over the clause’s implementations and applications, with several justices only signing on to parts of Justice Samuel Alito’s majority opinion or writing their own concurring opinions.

Ginsburg and Justice Sonia Sotomayor were the only two justices who dissented, with Ginsburg — who is Jewish and whose late husband Marty was an Army veteran — writing the dissenting opinion, arguing that the cross could not be considered a secular symbol on public land.

According to reporters at the court on Thursday, Ginsburg read her dissent from the bench, a move that usually demonstrates that the justice strongly disagreed with the ruling.

“As I see it, when a cross is displayed on public property, the government may be presumed to endorse its religious content,” she wrote. “The venue is surely associated with the State; the symbol and its meaning are just as surely associated exclusively with Christianity.”

“The cross was never perceived as an appropriate headstone or memorial for Jewish soldiers and others who did not adhere to Christianity,” she added later, before giving a history lesson on the development of American cemeteries overseas during World War I.

Citing historical texts, Ginsburg noted that as a temporary measure, “Christian soldiers were buried beneath the cross; the graves of Jewish soldiers were marked by the Star of David,” she wrote.

Read further

Suggested reading

Michael-Servetus-Quotes

The Prophet’s Greatest Victory According to the Quran: A Peace Treaty

Eating Beef in India; Another Reason Why World Needs Secularism in Our Global Village

In Defense of the Secular Narrative of the Holy Quran

Eating Beef in India; Another Reason Why World Needs Secularism in Our Global Village

Why Secularism Is Compatible with the Quran and Sunnah — And an ‘Islamic State’ Is Not

The Muslim Times has the best collection of articles promoting secularism in every country of the world

Book Review: Muslims Learning Secularism from Jesus Son of Mary

CNN Documentary: Ultra-orthodox Jews and Israel’s Struggle with Secularism

Why Did Muhammad Fly to Jerusalem?

How can we build the Third Temple together?

The Hypocrisy of Quebec’s MNAs on Full Display in the Crucifix in the Parliament Building

1 reply

Leave a Reply