Friday, September 12, 2008

10th Circuit: No Establishment Clause Violation In Las Cruces Logo

Today in Weinbaum v. City of Las Cruces, (10th Cir., Sept. 12, 2008), the U.S. 10th Circuit Court of Appeals affirmed the dismissal of two cases challenging the display of three Latin crosses as a symbol of Las Cruces, New Mexico. In one case, plaintiffs challenged use of the crosses as the city's symbol. In the second case, they challenged use of three crosses by the Las Cruces school district as a logo on its maintenance vehicles and in two pieces of school district-sponsored artwork-- a sculpture and a mural. Emphasizing the fact-specific nature of Establishment Clause determinations, the court said:

Here, the City’s name translates as "The Crosses" and, perhaps unsurprisingly, the City has opted to identify itself using a symbol that includes crosses.... We recognize that a government’s display of the Latin or Christian cross, and especially three such crosses, raises legitimate Establishment Clause concerns. Nevertheless, we affirm the district court’s decisions because Las Cruces’s unique name and history and the record in this case adequately establish according to requisite standards that the City and District's challenged symbols were not intended to endorse Christianity and do not have the effect of doing so.
Today's Las Cruces Sun-News reports on the decision. (See prior related postings 1, 2.)

4 comments:

Anonymous said...

This is an abomination. How dare a city government allow a name like Las Cruces in the first place, much less the cross symbol.

If the government didn't spend so much time fighting violent crime, drug trafficking and corruption, they could focus on the truly important issues like this one.

Anonymous said...

To the above...are you serious?? And if you are, all you have to do is never ever go to the city. Go visit City of Devils instead...their symbols on their trucks, flags and pieces of art is 666.

Anonymous said...

To the above...http://en.wikipedia.org/wiki/Sarcasm

Anonymous said...

to the top seriously just becuase there hispanic dosent make it right to judge them im sure if it was an american city you would have no issue