From Deseret News archives:
Judge rejects atheist group's request for a ruling in suit over UHP crosses
He says attorney's motion is premature and inappropriate
During the hearing, U.S. District Judge David Sam said a motion asking him to grant a legal victory to the group American Atheists Inc. was premature in the course of the suit and inappropriate.
American Atheists attorney Brian Barnard said he felt the need to show that his clients indeed have standing to bring their suit forward and do have a legitimate claim.
The group claims the presence of what they call the "Christian cross" on government property violates the separation of church and state. The Utah Highway Patrol Association has erected some 13 12-foot-tall white crosses to honor UHP troopers who perished in the line of duty. The association has since joined the state in the law suit.
"My clients revere law enforcement officers," Barnard said, but added they are opposed to "the government's participation in the use of a religious symbol."
The state has claimed the symbol of the cross, in context of the UHP memorials, has more to do with memorializing the dead than promoting religion.
As for the filed motion, Sam said it was too early to rule on anything mainly because the case lacked a more developed record of facts in the case. He also said such motions are usually brought to delay proceedings in a case.
Attorneys in the case are expected to meet in a conference to discuss how the case will move forward.
E-mail: gfattah@desnews.com
