Within the past year, the high court refused to review two other cases, letting stand lower-court rulings invalidating crosses anchored on public land in Utah and California. In the California case, involving a San Diego cross in a public park honoring veterans, a judge suggested that while the cross is illegal, there may be ways to modify the setting, similar to the Mojave Desert land swap.
Despite years of legal wrangling, there has been no clear-cut high-court ruling on the issue. The jurisprudence “is a mess,” said Maryland state Sen. Jamie Raskin (D-Montgomery), a constitutional law professor at American University. “Both conservative and liberal justices have said there is no way to know in advance what the rules are.”
And the Supreme Court rulings haven’t done much to refine the boundaries,
with the justices preferring to view the issues on a case-by-case basis.
Memorial Peace Cross: Veterans memorial or religious symbol? - The Washington Post