The 10th Circuit Court of Appeals in Denver has ruled that crosses erected to memorialize fallen Utah Highway Patrol officers are unconstitutional.  There are currently 14 of the 12 foot, steel crosses on public land throughout the Beehive state.

American Atheists Inc., successfully argued that because crosses are a Christian symbol, they violate the Establishment Clause of the First Amendment.  That these white crosses, which are on public land, with official Utah Highway Patrol logos, give the impression that the government is showing preference to one religion over another.  In its ruling, the 10th Circuit states “…these memorials have the impermissible effect of conveying to the reasonable observer the message that the state prefers or otherwise endorses a certain religion.”

The American Defense Fund, a coalition of Christian attorneys, says it is considering its next step for appeal.  It could either bring it back to the full court of the 10th Circuit or take it to the highest court in the land, the United States Supreme Court.

The ADF and the Utah Highway Patrol Association say these crosses are secular memorials displayed to honor the sacrifices made by the officers and their families.

The first cross was erected in 1998.  According to Lt Lee Perry, who helped bring the idea to fruition, white crosses were chosen, in part, because when someone driving by sees a white cross on the side of the road, they know that someone died there and that they were not chosen to represent Christianity. Lt Perry, says the purpose is not complex, “It’s a way to honor our friends and comrades”.

David Silverman, the national spokesperson for American Atheists, Inc, the organization that filed the lawsuit in Utah tells Fox News, “To say that they are secular crosses and not Christian? That is just a lie.  Everyone who looks at a cross…they say ‘that’s Christian’”.  The 10th circuit agreed.  But it’s likely this issue will not end in Denver.  In response to the ADF considering taking this to the USSC, Silverman told Fox News, “If they bring it to the U.S. Supreme Court to have the Court decide if crosses are not Christian, that will be a waste of time and a waste of Utah’s money”

But the Alliance Defense Fund, says this is about honoring those who gave their lives in the line of duty.  In a statement released shortly after the ruling, the ADF said, “One atheist group’s agenda shouldn’t diminish the sacrifice made by Utah highway patrol officers and their families.  The families of the fallen should be allowed to honor their loved ones as they wish”

The crosses are paid for by the Utah Highway Patrol Association, a private organization that funds the monuments with private dollars.  Each of the 14 families approved the use of a cross.  According to the Utah’s Attorney General, Mark Shurtleff, many of those commemorated were members of the Church of Jesus Christ of Latter Day Saints, which does not recognize the Christian cross.

American Atheists Inc has put forth that the officers should have some sort of memorial, just not this one.  Silverman adds that his organization has the, “…utmost respect for officers and we didn’t want this fight.  How anybody could say crosses are not Christian is beyond all of us.  It’s completely inappropriate.”

The crosses will remain up until all appeals are exhausted.