Today the Supreme Court handed down its decision in American Legion v. American Humanist Association (Link to opinion), the long-awaited case regarding the World War I memorial in Bladensburg, MD. The Court’s decision to stop militant atheists from tearing down the historic ‘Peace Cross’ memorial is a major win for religious liberty. Unfortunately, while Justice Alito’s majority opinion harshly criticized the Lemon test, he apparently did not have the votes to overrule it completely. Even as written, Justice Kagan refused to join the sections of the opinion most critical of Lemon …
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