Governor Hogan Has Led The Fight To Defend The Peace Cross

Supreme Court To Hear Oral Arguments On Peace Cross

“We will see this through and use all means available to keep the Peace Cross fully intact and honoring our veterans for another hundred years.” - Governor Larry Hogan, April 19, 2018

On February 27, 2019, The Supreme Court Will Hear Oral Arguments In Cases Regarding The Constitutionality Of The Peace Cross.

Peace Cross In Prince George’s County Commemorates Marylanders Who Made The Ultimate Sacrifice While Serving The United States In World War I

The Peace Cross Was Erected Nearly 100 Years Ago As A Memorial To Prince George’s County Residents Who Lost Their Lives While Serving The United States In World War I. “The forty-foot Peace Cross is a memorial to residents of Prince George's County who lost their lives during World War I (1914-1918)... The Peace Cross, erected 1919 to 1925 as a monument to Prince George's County residents who lost their lives serving in the United States Armed Forces in World War I, is historically significant for its association with the nationwide trend to erect community memorials to fallen soldiers after World War I.” (“Maryland’s National Register Properties: Peace Cross,” Maryland Historical Trust, Accessed: 2/26/19)

• The Monument Lists The Names Of The 49 Prince George’s County Residents Who Lost Their Lives Fighting In World War I. (“Maryland’s National Register Properties: Peace Cross,” Maryland Historical Trust, Accessed: 2/26/19)   

Governor Hogan Blasted “Outrageous” Federal Appeals Court Ruling, Declaring Peace Cross Unconstitutional

Governor Hogan Stated That The Decision By A Federal Appeals Court Deeming That The Peace Cross Is Unconstitutional, Was “Outrageous.” GOVERNOR HOGAN: “This is outrageous. The Peace Cross was built in 1925 by families in Prince George's County who joined with the American Legion to honor their fallen from World War I. Marylanders are united in showing respect for our veterans. I’m a native Prince Georgian and have passed by this memorial thousands of times. I view it as an incredible tribute to those who came before us and made the ultimate sacrifice for our freedom. The idea that memorializing our soldiers killed in battle on foreign lands to make the world safe for democracy is somehow unconstitutional goes against everything we stand for as Americans. Our administration will fight this unacceptable overreach. Enough is enough.” (Governor Larry Hogan, Facebook, 10/20/17)

• In October 2017, In A 2-1 Ruling A Federal Appeals Court Stated That The Peace Cross Was Unconstitutional.“A federal appeals court on Wednesday declared unconstitutional a towering cross-shaped monument that has marked a major intersection in Prince George’s County for 90 years. In a 2-1 ruling, the U.S. Court of Appeals for the 4th Circuit said the 40-foot-tall memorial maintained with thousands of dollars in public funds ‘has the primary effect of endorsing religion and excessively entangles the government in religion.’”(Ann Marimow, “Towering Cross-Shaped Monument On Public Land Is Unconstitutional, Court Rules,” The Washington Post, 10/18/17)

• Federal Appeals Court Ruling In 2017 Overturned A Unanimous Ruling In 2015 By The U.S. District Court For Maryland Which Stated That The Peace Cross Was Constitutional. “A federal court in Maryland has ruled that a cross-shaped war memorial in Prince George's County is constitutional, after an organization argued the structure's presence on public land is a violation of the First Amendment. The U.S. District Court for the District of Maryland ruled Monday that even though the Bladensburg World War I Veterans Memorial, a 40-foot-tall monument erected in 1925, takes the shape of a cross, its purpose is not primarily religious. Therefore, the court found, it does not violate the First Amendment's provision that ‘Congress shall make no law respecting an establishment of religion.’” (Jonathan Pitts, “Court Finds Cross Memorial Constitutional,” The Baltimore Sun, 11/30/15)     

• The U.S. District Court Deemed That There Is “Overwhelming Evidence” That The Peace Cross’ Purpose Was For “Secular Commemoration.” “In her opinion, U.S. District Judge Deborah K. Chasanow wrote that the monument's original intent was not primarily religious in nature, and it has been used almost exclusively for the nonreligious purpose of celebrating federal holidays… ‘There is overwhelming evidence in the record showing that the predominant purpose of the Monument was for secular commemoration,’ the opinion read.” (Jonathan Pitts, “Court Finds Cross Memorial Constitutional,” The Baltimore Sun, 11/30/15)  

Governor Hogan Took Immediate Action, Directed Attorney General Frosh To File Amicus Brief In Support Of Peace Cross

Governor Hogan Directed Attorney General Frosh To File An Amicus Brief In Support Of The Appellees In What The Governor Described As A “Wrongly Decided” Case. “I am writing to direct you to file an amicus brief in support of the appellees, including the Maryland National Park and Planning Commission, in the above captioned case, once its procedural posture is settled, which should be next week… There is an obvious state interest in this case, and the case was wrongly decided by this three judge panel. While the Commission and the other interested parties are still reviewing their options, it is almost certain that we will be presented with the opportunity to make the State’s views known through an amicus brief.” (Letter, Governor Larry Hogan To Brian Frosh Re: American Humanist Association Et Al V. Maryland-National Capital Park And Planning Commission, Et Al.,” Office Of The Governor, 10/24/17)

• The Governor Stated That The Conclusion That The Peace Cross Violates The Establishment Clause “Offends Common Sense.” “This monument, as with similar monuments, has been in place and under government maintenance for years. The conclusion that this memorial honoring veterans violates the Establishment clause offends common sense, is an affront to all veterans, and should not be allowed to stand. I believe, very strongly, that this cherished community memorial does not violate the Constitution. Your office will be Maryland’s legal voice in this important litigation.” (Letter, Governor Larry Hogan To Brian Frosh Re: American Humanist Association Et Al V. Maryland-National Capital Park And Planning Commission, Et Al.,” Office Of The Governor, 10/24/17)

The Cumberland Times-News Editorial Board: The Peace Cross “Can Stay Where [It Is].” “Supporters of the Peace Cross, a World War I memorial in Bladensburg, are challenging a federal court’s decision that the cross-shaped monument ‘excessively entangles the government in religion’ and therefore is unconstitutional… Gov. Larry Hogan has called the ruling ‘an affront to all veterans’ and told Attorney General Brian Frosh’s office to intervene. About two dozen states have filed friend-of-the-court briefs opposing the decision… As far as we’re concerned, the Peace Cross, our Ten Commandments monument and similar items can stay where they are.” (Editorial, “Don’t Sit Here,” Cumberland Times News, 11/7/17)   

Attorney General Frosh Refused To File An Amicus Brief In Support Of Peace Cross; Amicus Brief Was Filed Nine Months After Governor Hogan Had Asked

In November 2017, Attorney General Brian Frosh Declined Governor Hogan’s Directive To File An Amicus Brief To Intervene In A Federal Case Concerning The Constitutionality Of The Peace Cross; Attorney General Frosh Stated That It Was Not The Appropriate Time To File Such A Brief, And Pledged To Consider The Governor’s Input In The Matter Moving Forward. “Attorney General Brian E. Frosh on Wednesday declined Gov. Larry Hogan’s directive to intervene in a federal case about the constitutionality of a huge cross-shaped war memorial in Bladensburg, drawing a sharp rebuke from the governor… Frosh responded to Hogan’s request on Wednesday by saying it’s not the appropriate time in the appellate process to file an amicus brief. The 4th U.S. Circuit Court of Appeals is weighing whether the full circuit will review the ruling by a three-member panel… Frosh wrote that as the Peace Cross case moves forward in the appeals process, he would ‘certainly consider your input and interest in this important, symbolic issue.’” (Erin Cox, “Frosh Declines To Weigh In On Peace Cross Case, Drawing Hogan’s Rebuke,” The Baltimore Sun, 11/8/17)   

• Governor Hogan Fired Back, Suggesting That Because Of Attorney General Frosh’s “Dereliction” Of His Duties, Maryland May Have Lost Its Opportunity To Be Heard In This Case. “The state of Maryland may have lost its only opportunity to be heard in this case, which has implications beyond the Peace Cross,’ Hogan wrote. ‘It is fundamentally inconsistent with your constitutional and ethical duties to the State to wait until the day of a deadline to suggest that you do not intend to perform as instructed. Your failure in this instance is a dereliction of these duties and a disservice to all Marylanders.’” (Ovetta Wiggins, “Frosh Responds To Hogan’s Call To Weigh In On Case Involving A 40-Foot Cross,” The Washington Post, 11/8/17)   

In March 2018, The U.S. Court Of Appeals For The 4th Circuit Refused To Reconsider A Previous Decision Which Found The Peace Cross Unconstitutional. “A federal appeals court is standing by a ruling that calls for the removal or destruction of a large cross-shaped monument on public land that has towered over a busy Maryland intersection for nearly 100 years. In a closely divided vote, the U.S. Court of Appeals for the 4th Circuit refused to reconsider an earlier decision that found government funding for the 40-foot-tall memorial in Prince George’s County an unconstitutional endorsement of religion. The 8-to-6 vote drew passionate dissents from several judges and could end up before the Supreme Court, which has not provided clear guidance about displays of religion on government land.” (Ann Marimow, “Federal Court Upholds Ruling hat Cross-Shaped Monument On Public Land In Md. Is Unconstitutional,” The Washington Post, 3/2/18)  

• Following The Decision By The U.S. Court Of Appeals, Attorney General Frosh’s Office Stated That It Would Be Likely File A Brief In Support Of The Peace Cross. “A spokeswoman for Attorney General Brian Frosh (D) said Friday that the office would file a brief in support of the monument if, as expected, supporters seek review from the Supreme Court.” (Ann Marimow, “Federal Court Upholds Ruling That Cross-Shaped Monument On Public Land In Md. Is Unconstitutional,” The Washington Post, 3/2/18)    

• Amicus Brief Was Filed By Attorney General Frosh Five Months After The U.S. Court Of Appeals Refused To Reconsider Their Decision. “Maryland’s attorney general has asked the U.S. Supreme Court to preserve a controversial cross-shaped memorial on public land, weighing in for the first time about the future of the Peace Cross that honors men killed in World War I. Attorney General Brian E. Frosh (D) this week filed an amicus brief in the case, which challenges the constitutionality of a 40-foot-tall cross in Prince George’s County that stands on public land and is maintained by taxpayer money.” (Erin Cox, “Maryland Asks Supreme Court To Protect Cross On Public Land,” The Washington Post, 8/3/18) 

Governor Hogan Thanked Attorney General Frosh For “Finally Moving Forward” And Taking Action, Praised The Bipartisan Support In Favor Of The Peace Cross From The General Assembly. “We are now moving one step closer to having the wrongs of lower court decisions righted by the Supreme Court with the filing of this amicus brief. I thank Attorney General Brian Frosh for finally moving forward on our directive to take this action, and I am pleased to now have bipartisan support from Senate President Thomas V. ‘Mike’ Miller and members of the Maryland Senate. We now look forward to working together to preserve our historic Peace Cross for future generations so that we never forget our nation’s heroes.” (Press Release, “Statement from Governor Larry Hogan on Maryland Amicus Brief in Support of the Peace Cross,” Office Of The Governor, 8/3/18)