Attorneys have requested a rehearing for a case involving a veterans memorial that atheists have claimed is unconstitutional because of its Christian imagery.
In a 2–1 ruling last month, a panel of the United States Court of Appeals for the Fourth Circuit declared that the World War I Veterans Memorial in Bladensburg, Virginia, unconstitutional.
The 90-year-old and 40-foot-tall memorial is in the shape of a cross – something the Circuit considers a government endorsement of religion. The memorial is maintained with public funds.
First Liberty Institute and the Jones Day law firm have filed a petition for a rehearing en banc on behalf of The American Legion in the lawsuit.
“The decision of the Fourth Circuit sets dangerous precedent, and it threatens the removal and destruction of veterans’ memorials across the United States,” argued First Liberty attorney Roger Byron.