- The American Atheists, Inc., the 'premier organization laboring for the civil liberties of Atheists' has been dedicated and working hard since 1963 to keep our separation of church and state rights from being violated. Following is just one example of their promotion efforts to erase Christianity from the public.
In 1998, the Utah Highway Patrol Association (UHPA) in a gesture of memory and gratitude began putting up 12-foot high crosses near places where Utah highway patrol officers died in the line of duty. Each cross showed the Highway Patrol Officer's insignia as well as his or her name.
The crosses are paid for by the Utah Highway Patrol Association with private dollars. They are privately owned and maintained. According to Lt. Lee Perry, U.H.P. Section One Commander, when someone drives by, they will recognize the crosses as symbolic to honor a person who died.
The crosses were the idea of Perry and his friend, former police officer Robert Kirby, now a columnist for The Salt Lake Tribune. Though the cross is not commonly used by Utah’s dominant religion--the LDS Church, they chose it because it would convey quickly to motorists a 'message of death, sacrifice, and honor.'
The program was implemented in freedom without interference from the State of Utah which "neither approves or disapproves of the memorial marker." If allowed to continue, the practice could through the years spread to other states as a reminder for highway safety in dedication for fallen officers. (See Washington State Patrol, Service with humility.)
American Atheists, Inc., can't believe that crosses are not necessarily Christian as an acceptable symbol of burial. They argued in Utah federal district court that the crosses weren't chosen simply to honor comrades but that they were a government endorsement of Christianity since they each have official UHP logos and were on public property,
In late 2007, the court decided that while the cross retained a religious meaning when in a religious context, it was understood and used by all as essentially a secular symbol representing death and/or burial when used as a memorial:
- ...the cross has attained a secular status as Americans have used it to honor the place where fallen soldiers and citizens lay buried, or had fatal accidents, regardless of their religious belief. And the progression of the cross from a religious to a secular symbol continues as crosses are increasingly used to symbolize death in advertising campaigns, films, television, and seasonal holiday decorations -- frequently having nothing to do with religion or a particular religious belief. Consequently, the court finds a reasonable observer, aware of the history and context of the community would not view the memorial crosses as a government endorsement of religion."
American Atheists didn't buy the argument but believe that every time they have to look at one or more of those crosses, then their separation of church and state rights are being violated. They appealed, and the Tenth Circuit sided with them.
A three-judge panel said in its 38-page ruling (American Atheists v. Duncan (08-4061) that a "reasonable observer" would conclude that the crosses indicate Christianity was being endorsed by government and would "fear that Christians are likely to receive preferential treatment from the UHP."
Though many roadsides show crosses placed by private individuals honoring a dead relative killed in car accidents, the court stated:
- "The mere fact that the cross is a common symbol used in roadside memorials does not mean it is a secular symbol. The massive size of the crosses displayed on Utah's rights-of-way and public property unmistakably conveys a message of endorsement, proselytization, and aggrandizement of religion that is far different from the more humble spirit of small roadside crosses."
Shortly after the ruling, the Alliance Defense Fund stated, "One atheist group's agenda shouldn't diminish the sacrifice made by Utah highway patrol officers and their families. The families of the fallen should be allowed to honor their loved ones as they wish."
Each of the 14 families approved the use of a cross even though not all of them were Christian believers.
David Silverman, the Vice President and National Spokesperson for American Atheists, Inc, said that his organization didn't want this fight but "How anybody could say crosses are not Christian is beyond all of us. It's completely inappropriate."
When Silverman heard the ADF might take this fight to the Supreme Court, he thought that was wrong. "If they bring it to the U.S. Supreme Court to have the Court decide if crosses are not Christian, that will be a waste of time and a waste of Utah's money!"
The crosses will remain up until all appeals are exhausted.
Based on precedent, the ADF will most probably win at the Supreme Court as shown last April in regard to the Mojave cross (Salazar v. Buono), a Latin cross which was placed atop a prominent rock outcropping in 1934 to honor war dead:
- "The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm. A cross by the side of a public highway marking, for instance, the place where a state trooper perished need not be taken as a statement of governmental support for sectarian beliefs. The Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society.”
After that ruling, vandals sneaked out into the desert to cut down and steal the cross.
Fortunately, after Utah's crosses are officially allowed to stay, they won't be so easy to make disappear.
ADF Facebook "Appeals court rules against Utah memorial crosses," Forbes magazine, click here.
"Utah highway patrol crosses violate US Constitution," Telegraph Co. UK, click here.
“The Constitution does not oblige government to avoid any public acknowledgment of religion’s role in society.” -- Anthony Kennedy
“On the centennial of the arrival of the Mormons to the Salt Lake Valley, the Utah Highway Patrol adopted the beehive as their official emblem. The beehive had been worn on the uniform since the late 1930’s; however, the emblem which had been used on the doors of the patrol cars and as the hat badge was the Utah State Seal. In 1947, the beehive was placed on the doors of the patrol cars and at all office locations of the Utah Highway Patrol.”
Brief Of Americans United For Separation Of Church And State,
The Anti-Defamation League, The Hindu American Foundation,
The Interfaith Alliance, The Union For Reform Judaism, And Dr.
Eugene J. Fisher As Amici Curiae In Support Of Appellants
BRIEF AMICI CURIAE OF THE STATES OF COLORADO, KANSAS,
NEW MEXICO, AND OKLAHOMA AND THE BECKET FUND
FOR RELIGIOUS LIBERTY IN SUPPORT OF APPELLEES
Brief of amicus curiae Robert E. Mackey
October 2011 Update: Supreme Court won't hear Highway Crosses dispute. "Over the lone dissent of Justice Clarence Thomas, the court left in place a lower court decision that said the Utah crosses violated the separation of church and state."....
"The state said it was not endorsing religion by allowing the Utah Highway Patrol Association to erect the crosses, rather it was memorializing the highway officers who died in the line of duty.
"The Utah Legislature, after the lawsuit began, passed a resolution noting that a white cross "has become widely accepted as a symbol of a death, and not a religious symbol, when placed along a highway. The U.S. Court of Appeals for the 10th Circuit ruled for the atheists, concluding that the 13 cross memorials could convey to a "reasonable observer that the state of Utah is endorsing Christianity."
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