Attorney General Peter F. Kilmartin this week joined a bipartisan group of 25 states in fighting to protect a historic cross honoring World War I veterans as part of a case with much broader implications.
"Veterans memorials historically have featured religious imagery for the purpose of honoring and remembering the many soldiers who fought and died for our country. These monuments serve as military symbols of valor and pay tribute to those who gave the ultimate sacrifice for our great nation, who gave their lives so we can enjoy our freedoms, including two of our greatest freedoms that separate our nation from so many others – the freedom of speech and freedom of religion."
Rhode Island and 24 other states filed a friend of the court brief asking the 4th U.S. Circuit Court of Appeals to affirm a lower court's ruling, which found the U.S. Constitution allows veterans memorials with religious symbolism.
The case at hand involves a white memorial cross in Bladensburg, Maryland, built by the American Legion to remember World War I veterans. The initial lawsuit sought to force the state of Maryland to tear down the historic cross.
The district court found Maryland's cross to be protected by the First Amendment. An appeal followed and the case rests before the 4th U.S. Circuit Court of Appeals. Its ultimate decision could impact memorials in the 4th U.S. Circuit Court of Appeals and throughout the country, including those at Arlington National Cemetery and Place Jolicoeur in Woonsocket.
Attorney General Kilmartin signed the brief with West Virginia Attorney General Patrick Morrisey and attorneys general from Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Hawaii, Kansas, Kentucky, Louisiana, Michigan, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and Wisconsin.
The brief was filed as part of American Humanist Association, et. al. v. Maryland National Capital Park and Planning Commission. A copy can be viewed at http://1.usa.gov/1XsRzJN.