Prayer-Soldier writes "
On 1 Sep 10, Columnist Robert Knight pointed out that as efforts to continue in certain political circles to save a mosque at Ground Zero, efforts continue to remove crosses around the country. Knight pointed out an 18 Aug 10, U.S. Court of Appeals for the 10th Circuit ruling that the placement of crosses along the highway where Utah state troopers died is a violation of the Establishment Clause.
According to an Associated Press article posted by the First Amendment Center on 19 Aug 10, the 10th Circuit Court ruled that “14 crosses erected along Utah roads to commemorate fallen state Highway Patrol troopers convey a state preference for Christianity and are a violation of the First Amendment’s establishment clause...”
According to the 18 Aug 10 court ruling, “The Utah Highway Patrol Association (“UHPA”), with the permission of Utah state authorities, erected a number of twelve-foot high crosses on public land to memorialize fallen Utah Highway Patrol (“UHP”) troopers.” The court concluded, “We hold that these memorials have the impermissible effect of conveying to the reasonable observer the message that the State prefers or otherwise endorses a certain religion.”
According to the court summary, “UHPA, a non-profit organization that supports UHP officers and their families, initiated the memorial project in 1998.” The summary noted that the UHPA stated that, “[t]he purpose of these memorials is fourfold: (1) the memorials stand as a lasting reminder to UHPA members and Utah highway patrol troopers that a fellow trooper gave his life in service to this state; (2) the memorials remind highway drivers that a trooper died in order to make the state safe for all citizens; (3) the memorials honor the trooper and the sacrifice he and his family made for the State of Utah; and (4) encourage safe conduct on the highways.”
The summary also noted that the UHPA obtained the consent of the fallen trooper’s family before placing the memorial. The also asserted that if the family so requested, the UHPA “would provide another memorial symbol if requested.” The summary also noted that, “UHPA erected its first memorial cross in 1998 on private property located approximately fifty feet from a state highway. Later, UHPA obtained permission from the State of Utah to erect additional memorial crosses on public property, including the rights-of-way adjacent to the State’s roads, roadside rest areas, and the lawn outside a UHP office in Salt Lake County.”
The ruling declared “that Plaintiffs had standing because they 'have experienced direct and unwelcome contact with the memorial crosses at issue in this case . . . . [and] would have to alter their commutes in order to avoid contact with the memorials.'”
The ruling cited that, “In Pleasant Grove City, the Supreme Court held that “[j]ust as government commissioned and government-financed monuments speak for the government, so
do privately financed and donated monuments that the government accepts and displays to the public on government land.” The citation further held that freedom of speech is not extended to “the installation of permanent monuments on public property.”
The First Amendment of the Constitution states in part, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,...” Following the logic expressed in the court ruling, the placement of crosses on public land by a private association has the same force and effect as Congress legislating a state sponsored religion, therefore, the only remedy to protect the freedom of religion of all citizens is to remove the offending symbols.
(If I were the evil one seeking to separate the children of God from their Creator, I would tempt them to replace His commandment to love with sentiments of division and hate. -- Prayer Soldier)
Cited Article and Posts
OneNewsNow.com (1 Sep 10)
http://www.onenewsnow.com/Perspectives/Default.aspx?id=1142666
First Amendment Center (19 Aug 10)
U.S. Court of Appeals for the 10th Circuit (18 Aug 10)
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