Baptist Joint Committee for Religious Liberty - 10th Circuit Judges Question "Secularization" of Cross

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10th Circuit Judges Question "Secularization" of Cross

A panel of the 10th Circuit yesterday considered the constitutionality of large memorial crosses on Utah highways, marking the deaths of state patrol officers. At issue in part is whether the cross has become merely a secular symbol of death or is in fact a religious display. The AP report indicates that at least one judge had a problem with this line of reasoning.

A joint resolution by the Utah Legislature in 2006 declared the cross a nonreligious, secular symbol of death, [Utah AG Thom] Roberts said. Appeals Court Judge David M. Ebel told Roberts that Utah's declaration doesn't necessarily make it so. "Declaring something a purse doesn't make it a purse," Ebel said. The courtroom gallery erupted in laughter when Ebel added: "If we just let the state say this is secular, we wouldn't have any problems." Judge Harris Hartz later told Roberts: "Give me an example that it's a secular symbol of death. Show me a non-Christian that uses a cross to symbolize death." The judges also expressed concern that Utah officials would not allow a similarly sized religious symbol, a Star of David symbolizing the Jewish faith, for example, if a trooper's family requested one. "If it was a Jewish or a Muslim trooper, that person wouldn't get it. That's where I have a problem," Ebel said.

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