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The Tenth Circuit Court of Appeals ruling against 12-foot-high cross displays honoring fallen members of the Utah Highway Patrol (UHP) distorts the First Amendment Establishment Clause. All of the crosses are privately funded, though some are standing on state-owned property. The UHP Association created the memorials to honor fallen patrol members and were willing to display another symbol if requested by the family of the fallen officer. 

If this reasoning stands, it could call into question the numerous military crosses and displays in cemeteries honoring our fallen soldiers, including Arlington National Cemetery in Washington, DC. The government has not yet filed an appeal. The state could either ask for a review by the full panel of appeals court judges or petition for review before the U.S. Supreme Court.

Liberty Counsel will file an amicus brief if the case continues. To rid the landscape of memorial crosses would run counter to the First Amendment and place the government on a collision course with religion. 

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