CHRISTIAN CROSSES AND OTHER HIGHWAY MEMORIALS

Utah

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Christian crosses and other home-made religious road side memorials are typically used to mark where a family member or friend was killed in a highway accident.

The situation in Utah:

On 2005-DEC-01, American Atheists (AA) initiated a lawsuit at the federal U.S. District Court for the District of Utah to stop the Utah Highway Patrol and the Utah Department of Transportation from erecting large, 12 foot tall, metal Christian crosses on state property. They have been installed by the Utah Highway Patrol Association to honor state troopers who were killed in the line of duty. They bear the name and badge number of the deceased, the date of his death and the Utah Highway Patrol's beehive symbol.

The plaintiffs ask that six existing crosses be removed. Their court affidavit states, in part:

"The crosses are intentionally erected by the (Utah Highway Patrol) Association in prominent places visible to the general public. They are visible to motorists using the adjacent roads and highways owned by the State of Utah...  Each cross was erected on real property owned and/or controlled by the State of Utah...The presence of the Utah Highway Patrol logo on the Latin crosses violates the establishment clause of the First Amendment and Article I, § 4 of the Utah Constitution." ₁

The American Atheists' apparently are not troubled by the use of a marker as a memorial to recognize the location where a state trooper died. They seem to be solely concerned that a religious symbol -- a Christian cross -- is used as the marker, and the attachment of the Utah Highway Patrol beehive logo on the crosses.

According to the AA newsletter:

"Ironically, the state Transportation Department has a specific regulation prohibiting the placement of religious symbols and shrines on or adjacent to any public highway. ₂ It is also state policy to remove the illegal memorials. Citizens may place wildflowers along a road, however, get involved in the Adapt-A-Highway program, or sponsor a 'memorial sign' with a secular safety message like 'Drowsy Driving Kills'."

The four plaintiffs -- constitutional attorney Brian Barnard of the Utah Legal Clinic, and three members of American Atheists: Stephen Clark; Utah State Director Michael D. Rivers; and veteran First Amendment activist Richard Andrews -- have asked for $1.00 in damages "...plus attorney fees and court costs...". ₂ They are also seeking a ruling that the use of crosses and the placement of the Utah Highway Patrol logo on the crosses is unconstitutional.

Some American Atheist officials commented on the lawsuit:

"We feel the department of transportation, by allowing the Utah Highway Patrol Association to pick a religious symbol is unfair.  We think that it should be totally secular with no religious theme."

Co-plaintiff Brian Barnard wrote:

"The presence of the Latin crosses on government owned property with the Utah Highway Patrol logo prominently displayed thereon has the primary effect to advance religion, and conveys or attempts to convey the message that religion or a particular religious belief is favored or preferred. The reaction of the average receiver of the government communication or average observer of the government action is that of endorsement of religion and particularly of Christianity..."

Jeff Nigbur, a spokesperson for the Highway Patrol, told the Deseret Morning News that the cross symbol was selected "because it is the international sign of peace, and it has no religious significance in it." Some might ask how a 121' metal torture/execution stake can be considered a peace symbol. As the complaint indicates: "The Latin cross is a very familiar and poignant religious symbol exclusive to Christianity.....The reaction of the average....observer of the government action is that of endorsement of religion and particularly of Christianity." Many Jews, Native Americans and other groups who have been oppressed at various times by Christians might probably disagree that the cross is a peace symbol. Nigbur also pointed out that "a large number" of crosses have been placed on private property adjacent to public roads.

Barnard described Nigbur's claim as:

"less than honest....I don't think there is any question that troopers should be honored. They have given the ultimate sacrifice. But they can be honored in a way that doesn't emphasize religion."

David Tabish is planning to organize a public march in support of the crosses. He plans to picket the courthouse when the lawsuit is heard. He feels that the American Atheists' suit was just another example of creeping secularization. He said:

"We've taken God out of the schools, out of city council meetings and taken the Ten Commandments out of government. It's time we stand up and put God back in our country."

References

1. "Atheists file suit to stop Utah Christian roadside memorials," AANews #1191, American Atheists, 2005-DEC-03.
2. Utah Code Ann. § 72-7-102 & 104 (1953 as amended).
3. Complaint filed in U.S. District Court for the District of Utah, at: http://www.atheists.org/ This is a PDF file. You may require software to read it. Software can be obtained free from: 

Copyright © 2000 to 2005 by Ontario Consultants on Religious Tolerance
Originally written: 2000-JAN-30
Latest update: 2005-DEC-06
Author: B.A. Robinson