Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

"RESURRECTION: NYT runs Obama 'cross' photo..."

Says Drudge, pointing to this "Illustration by Nola Lopez, photograph by Damon Winter." I'm not sure where the photograph ends and the illustration begins, but, either way it's quite a bizarre accompaniment to an article called "As Health Vote Awaits, Future of a Presidency Waits, Too." I don't think there's anything in the article even touching on religion... except to the extent that Obama is some kind of religion.

IN THE COMMENTS: Some of you think that the cross in this context should be understood as representing health care and not Christianity at all. (Sea Urchin said: "Well, it is a square cross, which I associate first with the picture on my first aid kit.") I hope that if you think that, you also agree ? and many don't ? with what Justice Scalia said at oral argument in Salazar v. Buono, the case about the cross that the Veterans of Foreign Wars built in the Mojave National Preserve, which is supposed to honor the soldiers who died in WWI:

"It's erected as a war memorial. I assume it is erected in honor of all of the war dead... What would you have them erect?...Some conglomerate of a cross, a Star of David, and you know, a Muslim half moon and star?"

Peter Eliasberg, the American Civil Liberties Union lawyer arguing the case, explained that the cross is the predominant symbol of Christianity and commonly used at Christian grave sites, not that the devoutly Catholic Scalia needed to be told that.

"I have been in Jewish cemeteries," Eliasberg continued. "There is never a cross on a tombstone of a Jew."

There was mild laughter in the packed courtroom, but not from Scalia.

"I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion," Scalia said, clearly irritated by the exchange.

Full post as published by Althouse on March 15, 2010 (boomark / email).