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Utah’s Cross Controversy
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Brian Barnard, a Salt Lake City attorney who represents the atheists, counters that the case hinges not on what a Mormon thinks but on how a reasonable observer would interpret a giant cross on the side of the highway. And when people see a giant white cross, he says, they don't just think of death, they think of the death of Jesus Christ. "It's hard to conceive of another symbol that is so instantly meaningful," Barnard says. "And here's the state of Utah putting its stamp of approval on it."
Besides, he notes, just because the LDS Church does not use the Star of David doesn't change the fact that it is a religious symbol exclusive to one faith. At one point in Tuesday's hearing, an attorney for the UHPA underscored Barnard's point, noting that if a Jewish trooper were killed, his family would have the option of erecting a giant Star of David in place of a cross.
Robert Kirby, the former police officer who came up with the idea for the memorials, says the cross was intended to be an easily recognizable symbol of the sacred, not a religious statement. Kirby, now a columnist for the Salt Lake Tribune, says that he and Perry debated a lot of different symbols—signs, giant rocks, tombstones—before settling on the cross. "We wanted something instantly recognizable at 75 miles per hour, something that would say, 'This is hallowed ground'," says Kirby. "I have a lot of respect for the atheists. I believe in separation of church and state. But this is a little bit picky, even for them."
Update: U.S. District Judge David Sam ruled Tuesday, Nov. 20, against the atheists, holding that the crosses erected around the state of Utah to commemorate fallen state troopers can stand. Sam's decision held that the Roman cross is not a recognizable form of Christianity, at least in this context. "Just as the Christmas tree evolved into a secular symbol of celebration, the cross has evolved into a symbol capable of communicating a secular message of death and burial," Sam wrote. The Texas-based American Atheists Inc., which claimed the memorials violate the separation of church and state, promised to appeal.
© 2007
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