Bob Ritter, Legal Coordinator of the Appignani Humanist Legal Center, a division of the American Humanist Association, attended the oral arguments heard this morning and offered his analysis of the proceedings. "It looks like it will be a very close vote, with Justice Kennedy issuing the deciding vote," said Ritter. "It was surprising that few of the questions asked by the justices revolved around the question of standing--whether or not Respondent Frank Buono has the ability to sue the federal government for violating the Establishment Clause of the First Amendment. Rather, most questions were about the nature of the land transfer."

After a district court ordered the removal of the cross on federal property in the California desert, Congress authorized the exchange of the land the cross sits on to the Veterans of Foreign Wars for other land privately held in the Preserve. They also designated the cross as a war memorial. As the 9th circuit observed, Congress left “a little donut hole of land with a cross in the midst of a vast federal preserve.” On July 31, the American Humanist Association filed a friend of the court brief with the U.S. Supreme Court in support of Respondent Frank Buono, and argued that the cross in the middle of the Preserve still gives the appearance of government endorsement of Christianity and thus should be removed.

The case is important because it's the first major opportunity for the Roberts court to interpret the meaning of the Establishment Clause. "A ruling either way is likely to have profound implications," said Ritter. "A ruling in Buono's favor will likely lead to the removal of some religious symbols on public property throughout America, while a ruling against Buono may close the court house doors to others who seek to challenge Establishment Clause violations." Other cases that could be affected include Newdow v. Roberts, a case the American Humanist Association has been involved with, which is pending before the U.S. Court of Appeals for the District of Columbia. The case challenges the insertion of "so help me God" by the administrator of the presidential oath and government-sponsored prayers in the invocation and benediction.