How Salazar v. Buono Synthesizes the Supreme Court's Establishment Clause Precedent into a Single Test

Authors

Adam Linkner

Abstract

Atop Sunrise Rock, a large Latin cross casts a shadow over the Mojave National Preserve in Southern California. This cross seems oddly out of place. It is located in a national preserve that encompasses 1.6 million acres. There is no sign explaining why it is there. The cross sits alone in the middle of this vast public land. Does its presence on public land constitute a violation of the First Amendment Establishment Clause? Would the answer change if the tiny parcel of land under the cross were transferred to a private party? If so, would the reasons why the government transferred the land matter? This Article applies the inside/outside test to the facts of Salazar as the district court is required to do on remand and concludes that the district court should strike down the land-sale statute because it violates the Establishment Clause.

Recommended Citation

Adam Linkner, How Salazar v. Buono Synthesizes the Supreme Court's Establishment Clause Precedent into a Single Test, 25 Emory Int'l L. Rev. 57 (2011).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol25/iss1/3