By Robert Barnes Washington Post Staff Writer
Thursday, April 29, 2010

A splintered Supreme Court displayed its deep divisions over the separation of church and state Wednesday, with the court’s prevailing conservatives signaling a broader openness to the idea that the Constitution does not require the removal of religious symbols from public land.

A 5 to 4 decision by the court overturns a federal judge’s objection to a white cross erected more than 75 years ago on a stretch of the Mojave Desert to honor the dead of World War I.

Six justices explained their reasoning in writing, often using stirring rhetoric or emotional images of sacrifice and faith to describe how religion can both honor the nation’s dead and divide a pluralistic nation.

The bottom line, Justice Anthony M. Kennedy wrote, is that “the Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society.” Although joined in full only by Chief Justice John G. Roberts Jr., Kennedy’s opinion will be closely parsed as courts across the country consider challenges to religious displays in public settings.

But it is a narrow ruling, offering less guidance for the future than a stark acknowledgment of the fundamental differences between the court’s most consistent conservatives and its liberals in drawing the line between government accommodation of religion versus an endorsement of religion.

To Kennedy, the cross “is not merely a reaffirmation of Christian beliefs” but a symbol “often used to honor and respect” heroism.

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