High court rules cross doesn't violate separation of church and state

Washington (CNN) -- The Supreme Court narrowly ruled Wednesday that a white cross, erected as a war memorial and sitting on national parkland in the Mojave Desert, does not violate the constitutional separation of church and state.

The 5-4 conservative majority said Congress acted properly when it tried to transfer land around the Mojave Memorial Cross to veterans groups, an effort to eliminate any Establishment Clause violation. The land then would have been declared a national memorial. A federal appeals panel had blocked that land swap.

"It is reasonable to interpret the congressional designation as giving recognition to the historical meaning that the cross had attained," Justice Anthony Kennedy wrote. "The Constitution does not oblige government to avoid any public acknowledgment of religion's role in society."

But even among the conservatives who voted to allow the cross to stand, there was strong disagreement about how similar disputes should be settled, an indication of the contentious nature of church-and-state cases.

At issue before the justices was whether the display violates the First Amendment to the U.S. Constitution, which says that "Congress shall make no law respecting an establishment of religion."

Here is some good news for those who want to honor the faithful sacrifice given by those who have died on behalf of their country.  The Cross, as an international sign of ultimate sacrifice, is a perfectly appropriate symbol for just this reason. Will a Supreme Court filled with Obama appointees respond as reasonably? We shall see.