U.S. Court Rules Against Roadside Crosses

Battle over roadside crosses could be headed to Supreme Court
By: Kevin Derby | Posted: August 20, 2010 4:05 AM
 shutterstock 13764817 Dawid ZagorskiCrosses like these dot roads and highways in Florida.
The 10th Circuit U.S. Court of Appeals has found the setting up of large crosses along roads in memory of Utah state troopers killed in the line of duty to be unconstitutional, maintaining that it violated the Establishment Clause.

 

And the decision has outraged the Christian conservative community across the country -- including the Florida Family Policy Council.


The Utah Highway Patrol Association, a private organization, started setting the crosses up in 1998. On each cross is the fallen officer’s name and rank and the Utah Highway Patrol insignia -- which the judges opined would lead to concerns about the state government promoting Christianity.

"We hold that these memorials have the impermissible effect of conveying to a reasonable observer the message that the state prefers or otherwise endorses a certain religion,” wrote the three judges who decided the case.

American Atheists, an organization of more than 2,000 Americans looking to promote the separation of church and state, launched the lawsuit challenging the constitutionality of the crosses being erected -- apparently successfully for the moment, though their opponents are talking about appealing, perhaps even planning on taking the case all the way to the Supreme Court of the U.S.

Supporters of the crosses sounded off on Thursday against the decision.

“The Utah ruling is another sad example of the hostility judicial activists have toward expressions of faith in the public square," said Gary Bauer, chairman of American Values and a former candidate for the Republican presidential nomination in 2000. "Today it’s the Utah highway; tomorrow it will be Arlington National Cemetery."

“When the government starts taking crosses off of the side of the road, it is simply eliminating the historical expressions of Christian faith in Almighty God,” said Roy Moore of the Moral Law Foundation.

Moore -- best known for his refusal to remove a monument of the Ten Commandments from a state courthouse during his tenure as chief justice of the Supreme Court of Alabama -- and the Moral Law Foundation filed an amicus brief on behalf of the Utah troopers.

“At the same time, this same government openly and without apology supports the building of an Islamic mosque at Ground Zero and sends radical imams to the Middle East at taxpayer expense,” noted Moore. “It’s time for America to wake up to what’s going on in our country.”


Comments (2)

Cathy Williams
9:50AM AUG 23RD 2010
I'd like to know the name of the 3 judges that made this ruling.

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