Tuesday, November 1, 2011

Huge Roadside Crosses Will Not Be Going Back Up in Utah

The Supreme Court refused to hear a case involving 12-foot metal crosses on Utah public land, essentially affirming a lower court decision that declared them an unconstitutional state endorsement of Christianity. I wrote about this case previously here and here. Justice Clarence Thomas wanted to hear the case and wrote a strong dissent,
chastising it for missing an opportunity to provide better guidance to lower courts on the complicated issue of public religious displays."Today the Court rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles," Thomas wrote.

I often agree with Thomas but not this time. I think the lower court ruling was reasonable, and that further time on this case would be a waste of the Supreme Court's time. Far from offering "clarity," Supreme Court involvement could just as easily create more confusion.

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