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Legal Principle at Issue

Whether a congressional statute transferring a small parcel of land containing a cross to private owners satisfies the government's obligation to cure an Establishment Clause violation.

Action

Reversed and remanded. Petitioning party received a favorable disposition.

Facts/Syllabus

A white cross was erected in the Mojave National Preserve in 1934 to honor American soldiers who died in World War I. The cross was originally placed by members of the Veterans of Foreign Wars and stood for decades without legal challenge, despite being located on federal land managed by the National Park Service. Frank Buono, a former National Park Service employee and practicing Catholic, filed suit objecting to the presence of the religious symbol on federal land on grounds the Establishment Clause of the First Amendment prohibits government endorsement of religion. In response to lower court rulings that found the cross unconstitutional, Congress passed legislation attempting to transfer the land to the VFW in order to preserve the cross without it being on public property.