U.S. Supreme Court Sends Pensacola Bayview Cross Case Back To Lower Court

June 29, 2019

The U.S. Supreme Court Friday ordered a lower court to rethink its earlier ruling against a historic World War II-era cross in Pensacola.

In Kondrat’yev v. City of Pensacola, a federal appeals court had ruled that the 78-year-old cross must come down, with two of the three judges saying that the outcome was “wrong” but that their “hands were tied” because of the notorious Lemon test. In Friday’s order, the Supreme Court instructed the lower court to reconsider its ruling in light of the Supreme Court’s recent decision upholding another cross monument in Bladensburg, Maryland.

In American Legion v. American Humanist Association, decided last week, the Supreme Court rejected an atheist group’s attempt to tear down a nearly 100-year-old World War I memorial in Bladensburg, Maryland, known as the “Peace Cross.” In its 7–2 decision, the Court refused to apply the Lemon test, instead adopting a “strong presumption of constitutionality” for longstanding monuments. The ruling recognized that a “government that roams the land, tearing down” religious symbols “will strike many as aggressively hostile to religion,” which the Constitution does not require. The Court today told the U.S. Court of Appeals for the Eleventh Circuit to apply these same principles to the cross in Pensacola.

“The Supreme Court’s order is an encouraging sign that the Bayview cross can stay in Pensacola just like the Peace Cross can stay in Maryland,” said Luke Goodrich, vice president and senior counsel at Becket. “We fully expect the lower court to follow the Supreme Court’s lead.”

A wooden cross was first placed in Pensacola’s Bayview Park in 1941 by the Jaycees, a local community service group, as the U.S. prepared to enter World War II. The cross has been a popular gathering place for over 75 years and is one of over 170 displays in Pensacola’s parks commemorating the city’s history and culture. In 2016, an atheist organization sued the city, claiming that the cross is “offensive” and establishes a government religion.

Becket is representing the City of Pensacola free of charge together with Stanford Law Professor and former Tenth Circuit Judge Michael W. McConnell. The city is also represented by J. Nixon Daniel, III, and Terrie L. Didier of Beggs & Lane.

Comments

11 Responses to “U.S. Supreme Court Sends Pensacola Bayview Cross Case Back To Lower Court”

  1. Rochelle on July 1st, 2019 12:58 pm

    We can do anything without the love of #Christ….

  2. Walter. Augsburg on June 30th, 2019 10:53 am

    I have been on this planet for 78 years , and have seen
    a lot, I have served my Country in the US Army with pride
    I have always respected our Flag and have reverence to the Cross
    To me the Crosses represents the symbol that our Savior
    met his death for our salvation. I am tired of people wanting
    To take it down & spitting on it & our beautiful Flag.
    I say to the non believers if you don’t like them please,
    DON’T LET THE DOOR HIT YOU ON THE WAY OUT!!
    Signed, WALTER VAUGHN

  3. mat on June 29th, 2019 4:36 pm

    Do atheist believe in using money? All United States coins and currency has the phrase “IN GOD WE TRUST” on it.

  4. X on June 29th, 2019 4:00 pm

    This ruling being reversed will save many a town and city all over the USA from endless lawsuits by those greedy deceitful scamming militant so called humanist groups twisting the interpretation of the constitution for their own private gain.

    Parasites.

  5. Steven J Fuller on June 29th, 2019 12:33 pm

    I am a native son of Pensacola and the cross is a part of The city’s history. I’m always amazed that people to claim there is no God are offended by any symbol that is associated with sis associated with something that claim doesn’t exist. Pray the Holy Spirit works on the hearts these lost individuals before it is to late. Pray the court has realized it’s error and corrects its ruling as SCOTUS directs.

  6. John on June 29th, 2019 11:20 am

    This is the work of the Antichrist. We have to resist. Our silence will be as loud for them if we just stand by and say nothing. It is only a couple pieces of wood, but what it stands for is what is under attack.

  7. Ekg on June 29th, 2019 9:25 am

    The Great Spirit knows who does those sort of bad things and will punish them in his way. The Great Spirit also knows who fights to keep good spiritual things and will reward them as time goes by.

  8. Joe Sapp on June 29th, 2019 5:26 am

    Atheism is offensive to me and many others. We should file a counter suit against this group . Matthew 10:33 King James Version (KJV)
    33 But whosoever shall deny me before men, him will I also deny before my Father which is in heaven.

  9. David on June 29th, 2019 2:20 am

    Humanist…God died for your sins

  10. mike on June 29th, 2019 2:17 am

    Wow, just wow. I imagine there are plenty folks that wish they had the time and money to worry about a cross that has stood for decades. You’d think Ms. Kondrat’yev would be busy planning her next political office campaign.

    Really tho, I can’t see this. There are crosses everywhere in Pensacola and the surrounding area, are we to tear them all down to satisfy the sensitivities of some small group? What about the crescent and star symbol? Is it next?

    I believe all this is a way to stir people up and cause trouble, and to gain some notoriety. Get a life! :(

  11. Pensacola Stand Strong on June 29th, 2019 1:25 am

    Pensacola should get back all their court costs and attorney fees and counter sue the plaintiffs for damages once this is settled in Atlanta.

    One of the plaintiffs, in a fit online, let it out that they planned an attack on an Orlando cross next and also Mayor elect Robinson (Pensacola) needs to pay “his” attorney and if they try to cordon off an area “his” attorneys will still sue the city.

    This is a way for the frontmen/ plaintiffs to attempt to make money for a small group of lawyers willing to pay themselves on the backs of tax payers by applying Rabun case, that a cross metaphysically injures them.. and the Lemon test which is badly flawed.

    This cross is not an establishment of a state religion. It is not a contradiction to the constitution of the USA

    Stand your ground, or they will continue the scam elsewhere.

    Pensacola First City
    City of Five Flags

    Where a few had the courage to stand up for the truth and the law.

    The Bay View Cross will remain.

Written by William Reynolds · Filed Under News