Update email on Bladensburg WWI Memorial Cross from Richard J. Douglas: Dear Friends: Heres a quick update on the state of play with the Bladensburg (Maryland) World War One Memorial Cross, as of July 31, 2014. Waiting for the U.S. District Court to Move. To review, in February 2014, an atheist organization filed a lawsuit in the U.S. District Court in Greenbelt, Maryland, asking the court to order the removal of the Memorial. Because the Memorial was erected on a small plot of town land in Bladensburg 90 years ago, the atheists contend that it violates both the First Amendment to the US Constitution and a federal statute enacted a few years after the Civil War to curtail terrorist violence against black Americans. The atheists claim that government ownership of the land where the Memorial stands constitutes impermissible church-state entanglement, and a deprivation of their rights under color of state government authority (i.e., a violation of the post-Civil War statute). As of the last week of July, the U.S. District Court in Greenbelt, Maryland, had not made a decision on any of the motions pending in the case. Here is a review of motions which had been filed with the Court as of July 31: 1. I and ten other Marylanders filed the first opposition motion in the case, requesting friend of the court status. The VFW of the United States joined our motion not long after it was filed. 2. The American Legion has also filed a motion to intervene in the case as a party/defendant. The American Legion built the Memorial, and retains a residual ownership interest in it to this day. As such, it is asking the Court to recognize it as a party so it can oppose the atheist complaint as well. 3. And of course, the named defendant in the case, the Maryland National Capital Parks and Planning Commission, has filed its answer to the complaint, and opposes the atheists effort to remove the Memorial. These are the only motions pending with the Court in this case for the moment. The wheels of justice turn slowly, and our case is no exception. Logically, the first action I expect from the Court will be for it to rule on the American Legions motion to intervene as a party/defendant. While we have been waiting for the U.S. District Court to act, the U.S. Senate decided to confirm Potomac, Maryland lawyer Pamela Harris to a seat on the 4th U.S. Circuit Court of Appeals. The 4th Circuit is the appellate court to which the Memorial cross case would go in the event of an atheist victory at the U.S. District Court in Greenbelt. During Judge Harriss confirmation processing in the U.S. Senate, no Senator asked for her opinion on the U.S. Supreme Courts war memorial latin cross jurisprudence. Let us hope we dont find out her opinions the hard way. I will do my best to keep you informed as developments occur. Thanks you for your valuable interest in this serious engagement in the conflict between Remembrance and Revision Sincerely, Richard J. Douglas Attorney
Posted on: Sat, 09 Aug 2014 19:00:45 +0000