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Establishment Clause Violated by Cross Memorials on Public Land with Public Insignia

By Shari Allison

American Atheists v. Duncan, No. 08-4061 (10th Cir. August 18, 2010): The Utah State Highway Patrol Association obtained the permission of Utah state authorities to place 12-foot high crosses, with the official UHP emblem, on public land to memorialize fallen Utah Highway Patrol troopers. 1) three members American Atheists, Inc., who reside in Utah had standing. 2) The memorials violate the Establishment Clause of the Constitution because they "would convey to a reasonable person that the state of Utah is endorsing Christianity". The crosses are not part of a larger display, they conspicuously bear the insignia of a state entity, and they are primarily on public land. The fact all the trooper are memorialized with a Christian symbol conveys the message that there is a connection between UHP and Christianity and could lead a reasonable person to fear unequal treatment...continue to full post

Full post as published by Tenth Circuit Blog on September 10, 2010 (boomark / email).