STAR/TRIBUNE
By JENNIFER DOBNER , Associated Press
SALT LAKE CITY - A Denver appeals court has stayed an order that would remove 14 memorial crosses from Utah's highways intended to honor fallen officers and encourage safe driving.
The ruling gives the Utah attorneys general's office 90 days to appeal to the U.S. Supreme Court 10th Circuit Court of Appeals ruling that the 12-foot-high memorials are unconstitutional.
In August, a three-judge appeals court panel said the crosses represent an unconstitutional endorsement of religion and that the crosses, which bear the logo of the Utah Highway Patrol, should come down.
The Texas-based American Atheists Inc. and three of its Utah members sued the state in 2005 over the use of the highway patrol logo, contending the structures imply that the troopers who died at each location were Christians.
Utah attorneys have argued the memorials honor officers who lost their lives and encourage safe driving.
The American Atheists did not oppose the stay because the state agreed not to erect any new crosses while seeking a review of the case by the nation's highest court, the group's attorney Brian Barnard said.
But Barnard noted that a Tuesday ruling by the 9th Circuit Court of Appeals in another dispute over a 43-foot cross memorial in a San Diego-area park strengthens the ruling in the Utah case.
Citing the 10th Circuit Court's ruling on the highway crosses, a panel of 9th Circuit judges found the towering white cross on Mount Soledad in La Jolla, Calif., as unconstitutional because it "primarily conveys a message of government endorsement of religion."
In a 50-page ruling, judges said that although the cross has been the centerpiece of a war veterans memorial since the 1990s, the context of its history, including religious and nonreligious uses, and in the prominence of the cross, which towers over a San Diego freeway and can be seen for miles, led them to their conclusion.
As in the Utah case, judges said the prominence of the cross would leave a "reasonable observer," particularly drivers on Interstate 5, with the conclusion that the cross holds only a religious purpose.
"The decision out of the 9th Circuit is real strong and comes to the same conclusion that the 10th Circuit did in our case. It says, 'Hey, a cross is the ultimate symbol of Christianity,'" said Barnard. "It really strengthens our position."
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I have to side with the judges on this one. If it was jewish stars, they would of already been taken down. Or a symbol of any other religion. What I've seen is christians tend to think their always right. Why can't there just be poles with flower wreaths on them? I mean is it that bad to respect other's religions?
ReplyDeleteI think that the judge was corect with this ruling. Like said above, if it was a different religion then the sign would have been removed before it ever got this far. I like the fact that they were doing it to remember lost members but it goes against the Constitution. Then could have set up a memotial without having to bring up any religion.
ReplyDeleteI disagree with Warren and Lyndsy because I think taking down the crosses would be disrespectful to the officers who were killed. I don't think it should matter what religion it is, a memorial is in honor of the dead and it should be left alone after it is put up. You wouldn't take down the tombstone after it was put up would you?
ReplyDeleteI disagree with courtney on this issue. You can honor the fallen officers without having to put crosses up. And i wouldn't remove the tombstone because it isn't a religious symbol. And thats what the problem is about.
ReplyDeleteI agree that the crosses should be taken down. It will just cause trouble if they are left up. like Ali said you can honor the dead by doing somthing else.
ReplyDeleteI think there is a bigger problem here than just memorial crosses. That problem is the unfair enforcement of "separation of church and state". The govt. works hard to purge everything they do of all religion like in public schools. I think they they can do better at enforcing this separation. Their goal in doing this is to be equal and unbias but they are extremely bias to the religion of "secular humanism" and it's views like evolution. I think the only way to be equal is to get rid of separation of church and state in schools and present multiple religious views ie.creation. They don't have to be taught extensivly but they should be mentioned as posible views.
ReplyDeleteI agree with Alex and Garret, the crosses should be taken down. There are other ways to honor the fallen officers without putting the crosses up. One of the things that you can do to honor a fallen officer is to have an American flag hanging outside your house. I also agree with Seth on this, whatever happened with "separation of church and state". I think the government should enforce this law a lot better.
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