"This is closer to the case of the individual who says sure, put the (John) McCain sign on my lawn," Souter said. "No one is going to doubt that the person whose house is there is in favor of McCain."

If the monument is in fact government speech, Harris said, Pleasant Grove leaders are walking a fine line, and could be violating the Establishment Clause of the First Amendment by endorsing one set of religious beliefs over another.

"The city is a bit on the horns of a dilemma because it wants to have it both ways," Harris said. "It wants to be able to say this speech is governmental for purposes of blocking equal access rights; but not so governmental that it's a big Establishment Clause problem."

A decision is expected before summer.

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Contributing: Mark Sherman, Associated Press

E-mail: afalk@desnews.com