September 2019 - Parks & Recreation - 35

and began community fundraising events that included
a form, which read as follows:
We, the citizens of Maryland, trusting in God, the
Supreme Ruler of the Universe, Pledge Faith in our
Brothers who gave their all in the World War to make
the World Safe for Democracy. Their Mortal Bodies have
turned to dust, but their spirit Lives to guide us through
Life in the way of Godliness, Justice and Liberty.
With our Motto, 'One God, One Country, and One
Flag' We contribute to this Memorial Cross Commemorating the Memory of those who have not Died in Vain.
The community gathered for a joint groundbreaking
ceremony for both World War I memorials September
28, 1919, and the mother of the first Prince George's
County resident killed in France broke ground for the
Cross. By 1922, however, the committee had run out
of funds, stalling progress on the Cross. The local post
of the American Legion took over the project, and the
monument was finished in 1925.
As the area around the Cross developed, the monument became the center of a busy intersection. In 1961,
the Maryland-National Capital Park and Planning
Commission (MNCPPC or Commission) acquired the
Cross and the land on which it sits in order to preserve
the monument and address traffic-safety concerns. The
American Legion reserved the right to continue using
the memorial to host various ceremonies, including
events in memory of departed veterans. Over the next
five decades, the Commission spent approximately
$117,000 to maintain and preserve the monument. In
2008, it budgeted an additional $100,000 for renovations and repairs to the Cross.
In 2012, nearly 90 years after the Cross was dedicated and more than 50 years after MNCPPC acquired
it, the American Humanist Association lodged a complaint with MNCPPC, alleging the Cross's presence
on public land and that MNCPPC's maintenance of
the memorial was offensive and a violation of the First
Amendment Establishment Clause.
The American Humanist Association, along with
three residents of Washington, D.C. and Maryland
(AHA) subsequently sued MNCPPC in the federal district court, making the same Establishment
Clause claim. The AHA sought declaratory and injunctive relief, requiring " removal or demolition of
the Cross, or removal of the arms from the Cross to
form a non-religious slab or obelisk. " The American
Legion intervened in the lawsuit against MNCPPC
to defend the Cross.

As the area around the Cross
developed, the monument
became the center of a busy
intersection.
Lemon Test Application
The federal district court granted summary judgment
to MNCPPC and the American Legion. In so doing,
the district court found the Cross satisfied the " threepronged test " announced by the U.S. Supreme Court
in Lemon v. Kurtzman, 403 U.S. 602, 91 S. Ct. 2105,
29 L. Ed. 2d 745 (1971). Under the " Lemon " test, to
overcome an Establishment Clause challenge, federal
courts have had to determine whether a government
action satisfied the following criteria:
(1) has a secular purpose; (2) has a principal or primary effect that neither advances nor inhibits religion; and
(3) does not foster an excessive government entanglement
with religion.
In this instance, the federal district court found

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Parks & Recreation

September 2019 - Parks & Recreation

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