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Families of the fallen maintain right to decide

Inside the Issues with Alan Sears

December 4, 2007
The atheists' attempt to decide how families can remember their fallen fathers/mothers, husbands/wives and sons/daughters by removing roadside memorial crosses has been left by the wayside!

The Utah Highway Patrol Association (UHPA) is a private organization that works to honor the families of slain troopers, and places crosses on behalf of the families of slain highway patrol members.  These memorials cost taxpayers nothing, and simply honor the lives and service of brave men and women.

Nevertheless, the American Atheists decided to sue the Utah Highway Patrol and various government officials, seeking a federal court order to force the removal of the memorials.  They claimed that the crosses violated the U.S. Constitution and the actions of the UHPA constituted an Establishment Clause violation.

Perhaps you wonder how a private organization using private dollars to place memorials to recognized heroes could cause such a violation.  Well, common sense prevailed and so did the federal court that heard the case.

The court found "no Establishment Clause violation of either the First Amendment of the United States Constitution nor Article I of the Utah Constitution."  The court further said that, "It is not the place of law or government, using Establishment Clause jurisprudence, to exhibit hostility toward religion."  Such hostility, the judges said, "has no place in our Establishment Clause tradition."

The court also wrote, "The undisputed facts and evidence before this court demonstrate that no public money or property was appropriated for or applied to any religious worship, exercise or instruction as a result of the UHPA memorial cross program. Furthermore...the UHPA is not a religious organization, so any incidental support offered to this program by the State Defendants cannot be construed to be 'support of any ecclesiastical establishment.'"

You can read the opinion at www.telladf.org/UserDocs/DuncanOpinion.pdf.

Praise God that the court recognized and affirmed the right of the families and colleagues of slain troopers to honor their loved ones, and pray that God will continue to provide the resources necessary to defend religious freedom throughout this country.

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