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.

Giant Roadside Crosses Ruled Unconstitutional

I wrote about this issue last year. To recap, a couple of members of the Utah Highway Patrol Association have been putting up metal crosses along the highway to honor fallen officers. But unlike most roadside crosses, these are 12 feet high. American Atheists filed suit to have them removed as a violation of church/state separation, and an appeals court has agreed. The original lawsuit was thrown out.

The appeals court judges disagreed. They said the critical issue was how the large white crosses on public land would be perceived by motorists and others. “We conclude that the cross memorials would convey to a reasonable observer that the state of Utah is endorsing Christianity,” they said. “The memorials use the preeminent symbol of Christianity.” ... The judges said they were also concerned that the memorials included the insignia of the Utah Highway Patrol. They said the combination of the cross and insignia links the state with a particular religious symbol.

I think the appeals court is correct, but as I wrote in the earlier article, ordering that the UHP symbol be removed from the crosses might have been enough of a remedy, rather than taking them down entirely.