UHP group asks to join memorial lawsuit

Few lawsuits have sparked more recent debate and reaction than the federal suit filed by an atheist group to compel the state to replace the cross monuments erected to honor fallen Utah Highway Patrol troopers.

Now that legal fight is about to heat up even more.

According to court documents, the Utah Highway Patrol Association has asked a federal judge for leave to intervene in the suit filed by American Atheists Inc. against UHP and the Utah Department of Transportation.

In a motion filed in U.S. District Court, the Utah Highway Patrol Association, a nonprofit organization founded to support state troopers and their families, says it wants a chance to defend the some 13 12-foot-tall crosses it worked to erect since 1998.

Each cross bears the name, badge number and logo of the Utah Highway Patrol. They are placed alongside various Utah highways in areas where troopers died in the line of duty.

American Atheists Inc., based out of Texas, is representing several Utah members who claim the crosses violated separation of church and state. The group is seeking a court order to remove the crosses and replace them with monuments that are more secular in nature.

"The time, effort, expenditures, property, public service, and freedom to honor and memorialize these fallen officers as they deem appropriate will be destroyed if the plaintiffs' relief is granted," stated UHPA attorney Frank Mylar in his motion.

Mylar says the crosses are to "stand as a lasting reminder to UHPA members and Utah Highway Patrol troopers that a fellow trooper gave his life in service to the citizens of this state." They are also placed to remind drivers that a trooper gave his or her life to make the highways safe, and encourage safety.

When American Atheists filed their suit last December, it sparked outrage among family members of fallen troopers as well as supporters. The reaction led to rallies and lively discussion about the suit on newspaper editorial pages and local radio talk shows.

The suit prompted the Utah Legislature to bring forward a resolution supporting the memorials during the early part of the current session. Later the state House of Representatives passed HB330, which would allow any religious or secular symbol to be used on public land to honor a person who died in combat or the line of duty.

HB330 is currently waiting a vote by the Senate.

An attorney for American Atheists says his group is not trying to destroy the memorials and feels UHPA "mischaracterizes" their intent.

"Those officers should be honored. (Our) goal is not to prevent memorialization nor in any way restrict how families and friends privately honor and revere those officers and loved ones," stated Brian Barnard in his reply to UHPA's motion. Barnard states his group feels the troopers can be honored without the use of what they see is a religious symbol.

UHPA says the use of the cross was meant as a generic symbol of memorialization and nothing more.

"The Christian cross is a religious symbol exclusive to the Christian faith," Barnard stated in his motion.

But Barnard seems to concede that the association has a stake in this legal fight.

"The association has not yet officially been allowed to intervene. Chances are good that they will be allowed to do so," Barnard said. A hearing date has yet to be scheduled.

An attorney with the Utah Attorney General's office said they would not contest UHPA's move to join the suit.

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