Constitutional Law

Divided 10th Circuit won't reconsider Utah highway-cross case

By By The Associated Press

SALT LAKE CITY — A federal appeals court has rejected a petition for a rehearing in a case involving 14 memorial crosses on Utah highways that an appellate panel said were unconstitutional.

A three-judge panel of the 10th U.S. Circuit Court of Appeals decided in August that the 12-foot high crosses represent an endorsement of Christianity.

The Utah Highway Patrol Association and two state agencies petitioned for a rehearing by the full 10th Circuit. They contend the memorials honor fallen officers and encourage safe driving.

The 14 white crosses were first erected in 1998 and were paid for with donations to the association. The American Atheists Inc. filed a lawsuit in 2005 over the crosses' use of the Highway Patrol shield and argued that the crosses should be removed.

On Dec. 20, the 10th Circuit ruled 5-4 in American Atheists, Inc. v. Davenport to reject a rehearing of the case.

Full post as published by First Amendment Center on December 22, 2010 (boomark / email).