Atheists challenging a cross in Maryland may be a little confused over the intent of the First Amendment, most notably the Establishment Clause.
Nearly a century ago, the American Legion erected a memorial to World War I veterans at Bladensburg.
The town is home to approxiately 9,400 citizens in Prince George's County.
In 2014, atheist group American Humanist Association filed suit because the memorial is in the shape of a cross and sits on public land.
A federal district court upheld its constitutionality but the atheist group has appealed to the 4th U.S. Circuit Court of Appeals.
Roger Byron of First Liberty Institute says the memorial complies with the law and should remain.
"Tearing it down like the Humanist group and its members would like to do," says Bryon, "would cause the precise religious divisiveness that the First Amendment was designed to prevent."
The cross is an international symbol honoring war veterans and at least four other cross-shaped World War I memorials are located within 40 miles of Bladensburg.
The attorney says members of Congress and other states have filed amicus briefs supporting the monument.