In Bladensburg, Maryland, a short distance from the Supreme Court of the United States, stands a 40-foot-tall World War I memorial in the shape of a cross constructed in 1925. The Peace Cross, which commemorates 49 fallen soldiers from Prince George’s County, was built with funding from local families and the American Legion, but the state obtained title to the cross and land in 1961 and has spent at least $117,000 to maintain them.
In 2014, the American Humanist Association challenged the constitutionality of the memorial, by filing a lawsuit against the Maryland-National Capital Park and Planning Commission. In November of 2015, a Maryland federal district court upheld the constitutionality of the memorial. In October of 2015, the U.S. Court of Appeals for the Fourth Circuit (2-1) reversed the ruling. A petition for rehearing was denied in March of 2018 over a strong dissent. Petitions for certiorari were filed on June 25 and June 27, 2018.
On July 26, 2018 Mountain States Legal Foundation filed an amicus curiae brief urging that the Court grant the petitions on behalf of the Town of Taos, a small artistic community in northern New Mexico that also has a cross-shaped memorial honoring its veterans and war dead from the Bataan Death March in World War II. Taos was recently threatened with an Establishment Clause lawsuit over the memorial and seeks to defend its right to honor its heroes as the members of the Taos community wish.