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High court crosses an important bridge

The First Amendment to the U.S. Constitution mentions the word “religion” just once, but the wildly differing interpretations of its application have been puzzlers throughout the nearly 228 years since the Bill of Rights was ratified.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” a portion of the First Amendment reads.

Through judicial review this has been interpreted as the separation of church and state. But just as with so many legal issues, nothing is ever crystal clear.

Open your wallet or purse and pull out a dollar bill. Over the word “one” on the back of the bill is “In God We Trust.” Next to it on the Great Seal is the Latin phrase “Annuit Coeptis,” which means “He (God) has favored our undertakings.”

You can logically wonder why the U.S. government openly displays God on our official currency, yet children can’t say prayers in school, nor can communities enjoy religious holiday displays on government-owned property. This brings us to the ongoing battle between officials of Lehigh County and an atheist group that wants the depiction of a cross in the county’s seal to be removed.

The issue is one that impacts many communities and counties across the land which have similar depictions in their seals. Just as they do, Lehigh County’s seal includes images that reflect its culture and history.

There are silos and textiles that remind us of once major industries, farm implements which speak to the vibrancy of agriculture, the Liberty Bell and a red heart which memorialize the county’s role during the Revolution and its fierce patriotism, a lamp with books symbolizing the importance of education and, finally, that controversial cross, representing the Christians who settled in the area seeking religious freedom.

Three years ago, four county residents enlisted the help of an organization to which they belong, the Freedom From Religion Foundation, in an attempt to force the county to revise the seal to eliminate the cross.

The county refused, causing the group to take the county to court. U.S. District Judge Edward G. Smith in Easton reluctantly ruled in 2017 in favor of the residents, who said they found the seal to be unwelcome and offensive. The Lehigh County commissioners insist that the cross depicts the county’s religious heritage, nothing more.

Smith disagreed, saying that the cross could be viewed by the average person as the county’s endorsement of Christianity. The county appealed Smith’s ruling.

The Third U.S. Circuit Court of Appeals heard appeals last September but has decided to wait until the U.S. Supreme Court acted in a Maryland case that also involves a cross.

The Supreme Court by a 7-2 vote on Thursday ruled in favor of Prince George’s County. It said that a 40-foot-high cross at a major intersection in Bladensburg, about 30 miles northeast of Baltimore, that was originally erected with private money as a World War I memorial, then taken over by the county, is not an endorsement of Christianity and can remain on public land.

The Supreme Court ruling overturns the Fourth U.S. Circuit Court of Appeals, which declared that the cross has the effect of promoting Christianity and excessively entangles the government in religion.

Writing for the majority, Justice Samuel A. Alito Jr. said, “The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent. For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. …”

In a dissenting view, Justice Ruth Bader Ginsburg wrote that the decision to maintain the cross erodes the constitutional principle that demands governmental neutrality. This “places Christianity above other faiths” and sends the message to people of other faiths that “they are outsiders. Making a Latin cross a war memorial does not make the cross secular. Quite the contrary, the image of the cross makes the war memorial sectarian,” Ginsburg wrote.

Lehigh County officials are optimistic that the Maryland ruling will help them in their appeal. In his statement to me, Eric Baxter, Lehigh County’s attorney in the Lehigh case, said, “We are confident that the courts will uphold the Lehigh County seal just like they upheld the Bladensburg Peace Cross.”

Baxter likens the Freedom From Religion Foundation to the “Wicked Witch of the West — a drop of religion and they scream, ‘I’m melting.’ ”

With Wednesday’s decision, the U.S. Supreme Court continues to show that it has become more accepting of symbols in government when they recognize the role of religion in our nation’s history and culture. This is common sense.

By Bruce Frassinelli | tneditor@tnonline.com