Salazar v. Buono and the Future of the Establishment Clause

Abstract

This essay reflects on the Supreme Court's recent decision in Salazar v. Buono, 130 S. Ct. 1803 (2010). The case involved a constitutional challenge, brought under the Establishment Clause, to a cross put up by private parties on government land in the Mojave National Preserve. This piece reviews the issues presented by the case (only some of which were addressed by the Supreme Court), and considers the future of the Establishment Clause in that light.

Keywords: Establishment Clause, endorsement test, Salazar v. Buono, passive displays, cross, religious, symbols