Decorative Scales of Justice in the CourtroomWritten by Don Byrd

A controversial war memorial sculpture at Whitewater State Park in Lebanon, Indiana received the support of the state’s Governor earlier this week. The sculpture, donated by private citizens, features a soldier standing next to a cross, beneath an eagle and an inscription. The presence of the cross in a public park led to complaints and suggestions that the sculpture be removed because it implies governmental endorsement of Christianity.

In a statement Tuesday, however, Governor Mike Pence indicated his support for the display. The Indianapolis Star has this quote from the statement:

“The freedom of religion does not require freedom from religion. The constitutions of our state and nation more than allow the placement of this Hoosier artist’s sculpture on public land. So long as I am governor, I will defend the right of Hoosiers to display this sculpture in Whitewater Memorial State Park as a lasting tribute to the service and sacrifice of all who have worn the uniform of the United States.”

In a case a few years ago, the Supreme Court ruled a local government can choose to accept and display some permanent monuments while rejecting others, without violating the Free Speech provisions of the First Amendment. The Court explicitly noted, however, that such decisions may leave governments subject to other church-state challenges.

Stay tuned.