From Deseret News archives:
Attorneys argue Utah Highway Patrol cross case
In the opening sequence of the black-and-white TV series, a hand draws five symbols on a chalk board representing male, female, birth, a cross for death and the symbol for infinity.
A video clip of that opening sequence was shown on Tuesday to U.S. District Judge David Sam to show how the symbol of the cross can mean more than just Christianity.
It is the latest episode in the suit filed by the group American Atheists Inc. against the state and the Utah Highway Patrol Association over 13, 12-foot-tall crosses erected across the state along highways to honor UHP troopers who fell in the line of duty. The group claims the use of the cross on government property violates the Establishment Clause of the First Amendment that prohibits the state's endorsement of one religious belief over another.
During a summary judgement hearing Tuesday, Assistant Utah Attorney General Thomas Roberts said a cross does not always have to symbolize Christianity, but it can also represent "death and remembrance."
Roberts argued that telephone poles and road markers also can form the shape of a cross, but they are permitted on government property.
If all crosses should be banned from government property, Sam questioned, how about the 125 cemeteries maintained by the U.S. government that have grave makers with crosses for fallen soldiers?
Barnard countered that one would expect religious symbols used in cemeteries, and that other symbols, including the Star of David, are used for fallen Jewish soldiers.
Sam said he wondered if a fallen UHP trooper were Jewish, if his family could request a special UHP monument.
UHP Association attorney Byron Babione said no one ever has asked the association to erect a Star of David memorial, but added they and the state would allow another religious symbol to be used.
Barnard immediately pointed out that, in saying that, the association acknowledged that the cross was a religious symbol and not a secular one.
After hearing arguments, Sam struck down one of the three claims made by American Atheists, finding that the government is not "entangled" with a religious issue, because the UHP Association is not considered a religious organization.
However, Sam said he needed more time to consider two other legal issues and planned to release a written opinion at a later date.
E-mail: gfattah@desnews.com
Recent comments
I am so sick of these small minded, self centered groups of people...
Pam B | Nov. 13, 2007 at 11:05 p.m.
OH, PLEASE! Get over yourselves! Who are the VICTIM�S here,...
try again? | Nov. 13, 2007 at 9:10 p.m.
Laura writes:
"No one person/group, secular or non-secular has the...
Huh? | Nov. 13, 2007 at 7:37 p.m.
- Man trapped in Nutty Putty cave dies 4:19 a.m.
- College football: Big-5 glance 12:34 a.m.
- Sports on the air 12:14 a.m.
- Missions teach players perseverance 12:08 a.m.
- Scout answer to church's prayers 12:08 a.m.
- Project helps Guatemalan kids 12:07 a.m.
- No expiration date on gratitude 12:07 a.m.
- Nursery Rhymes' gratitude 12:07 a.m.
- Temple Square to use LEDs 12:06 a.m.
- Mormon mom helps hungry children 12:05 a.m.
- Cave rescuers committed to free man
- Man trapped in Nutty Putty cave dies
- Howard made the rivalry a rivalry
- Donny and Kym dance to victory
- Twitterati to BCS: 'We hate you.'
- Loyal to Cougarettes, Crimson Line
- Cougars cruise past Southern
- BYU has slim shot at BCS
- Y. focused on 10-win season
- Thunder rolls by Jazz
- BYU would like friendlier rivalry
259 - Glenn Beck to enter politics?
227 - Protests against Phoenix LDS temple
209 - RSL wins MLS Cup on penalty kicks
202 - Bronco, Kyle rubber match
139 - BYU records with win
133 - Letters: Rushing to judge Palin
129 - Thunder rolls by Jazz
113 - Boys basketball rankings
111 - Editorial: Poor welcome for Palin
104
AK and Boozer are actually both superb basketball players, but you are...
Hmm. Let's see...trust a retailer or trust a banker?...Hmm...
We just want the wife and family to know we are praying for them. We are so...
Sounds like an amazing show! I have tickets for the show in Boston next...
I love this team. They are young, they play hard, and they have more...
An annoying, shrieky performance aside from being crude, He says people...
I think Cherilyn Eagar is the right one for this race. From her website:...
This breaks my heart.
To Living: You know, religious types, like you, that automatically assume us...
re: Hypocrisy, Very well put. The thought of obama having any kind of ideas...


