A war memorial cross can remain in a desert park in California, the US Supreme Court ruled Wednesday, saying that separation of church and state does not require avoiding "any public acknowledgement" of religion.
The 5-4 decision by the justices clears the way for the sale of the public land where the religious display is located in California's Mojave Desert to private owners.
The 1.5-meter high white cross, a monument to soldiers who fought in World War I, had been on display for several decades on Sunrise Rock, a boulder in the federal nature preserve.
A former National Park Service employee, despite being a Catholic, challenged the display on the grounds that a Christian cross was an inappropriate symbol on federal park land, a position upheld in court.
The US Congress several years ago voted to allow sale of a small parcel of land where the cross is located to be purchased by the Veteran of Foreign Wars, the group that erected the cross in 1934.
Various lower courts over the years have denied permission for the sale of the land, but highest US court overruled that decision Wednesday.
The Supreme Court decision took exception to the view that the cross could be said to be a purely religious symbol in the setting of the war memorial.
"The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm," the court said.
"The constitution does not oblige government to avoid any public acknowledgement of religion?s role in society."
The nine-member court, which counts six Catholics, added that a cross of the sort used in memorials "is not merely a reaffirmation of Christian beliefs.
"It is a symbol often used to honor and respect those whose heroic acts, noble contributions, and patient striving help secure an honored place in history for this nation and its people."
Three of the dissenters on the court wrote in an opinion of the importance of avoiding "endorsement of a particular religious view," and said that "national memorials speak on behalf of our entire country."
Copyright 2010  AFP American Edition
