Claremont Institute’s Center for Constitutional Jurisprudence Files Amicus Brief Urging End to the War on Religion in the Public Square


Claremont, CA—The Claremont Institute's Center for Constitutional Jurisprudence filed an amicus brief in American Legion v. American Humanist Association urging the Court to return to an original understanding of the Establishment Clause and overturn the decision in Lemon v. Kutzman.

Dr. John Eastman, founder of the Center for Constitutional Jurisprudence noted, “The Establishment Clause was never meant to ban religion from the public square. The Founders were keen to protect freedom of religion, but also recognized that religion was part of our national discourse. Indeed, the Declaration of Independence relies on the Creator as the source of our rights. It is time for the Court to overturn the Lemon case which has been used as a weapon by those who oppose any mention of religion in public.”

At issue in this case is World War I War Memorial in Maryland that is in the shape of a giant cross. The memorial has been in place since the early 1920’s, but the Fourth Circuit ruled that its continued presence on public land was unconstitutional.

With its mission to “restore the principles of the American Founding to their rightful, preeminent authority in our national life,” the Claremont Institute has for nearly 40 years been a strong and effective leader in the fight for limited government, free markets, and a strong and distinctively American foreign policy. Founded in 1979, the Claremont Institute publishes the Claremont Review of Books, sponsors the Publius, Lincoln, John Marshall, and Speechwriters Fellowships for rising conservative leaders, and administers a variety of programs and publications on politics and constitutionalism. Its Center for Constitutional Jurisprudence advances the Institute’s mission through strategic litigation.