The American Humanist Association filed an appeal in federal court before the Court of Appeals praying for the reversal of a lower federal court decision, allowing for the cross to remain on public land in Bladensburg.
The atheist group contended that the 40-foot-tall cross situated on land owned by the state of Maryland was violative of Freedom of Religion guaranteed by the U.S. Bills of Rights.
It also argued that the cross endorses Christianity while ignoring non-Christian veterans and other cross war memorials.
In 2015, Federal Judge Deborah K. Chasanow ruled in favor of the cross arguing that it did not have an exclusively religious purpose.
"Although the Latin cross is undeniably a religious symbol ... Other courts have recognized that displaying a cross to honor fallen soldiers is a legitimately secular purpose, and does not always promote a religious message," wrote Judge Chasanow.
She also stated, "Even the purpose of the private citizens who were behind the Monument's construction 90 years ago was a predominantly secular one. The Monument's groundbreaking was a predominantly secular affair that also included the groundbreaking of the National Defense Highway."
Roger Byron, the lead attorney on the case for the conservative law firm, the Liberty Institute, told the decision protected not only this historic memorial but it also helped to ensure nation's veterans memorials will be protected.
Whereas, Monica Miller, senior counsel for the AHA's Appignani Humanist Legal Center, said in a statement that the Bladensburg Cross must be removed from its present location.
"The Bladensburg Cross is an enormous Christian symbol on government property and has the clear effect of endorsing religion. We will continue defending the First Amendment rights of our clients as well as all non-Christian service members who are excluded from the government's Latin cross monument." stated Miller.
The monument, which stands in a highway median in Bladensburg, Maryland, just outside Washington, is referred as the "Bladensburg Cross" and the "Peace Cross." A plaque at its base lists the names of 49 local men who died in World War I.
