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Utah Highway Patrol Practice of Roadside Cross Memorials Struck Down


By Brian Altenhofel - Posted on 20 August 2010

In American Atheists, Inc. v. Duncan, the Tenth Circuit ruled that the practice of the Utah Highway Patrol erecting 12-foot crosses as roadside memorials to fallen troopers is unconstitutional under the First Amendment's Establishment Clause. The Republican appointee panel "conclude[d] that the cross memorials would convey to a reasonable observer that the state of Utah is endorsing Christianity."

The reason they drew such a conclusion is because the crosses displayed the logo of the Utah Highway Patrol very prominently. I have not had time to read the opinion yet, so I may or may not comment later. However, the images of the crosses are on the final pages of the above linked PDF.

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