Suits Charges FFRF Sign In Capitol Violated Establishment Clause

Last December as part of the holiday displays in the Illinois state capitol building, officials allowed the Freedom From Religion Foundation to put up a sign calling religion a "myth and superstition." It was placed next to a Christmas tree and near a nativity scene that were also on display. William J. Kelly, a conservative activist and candidate for state comptroller attempted unsuccessfully to take down the sign. (See prior posting.) Now, according to Courthouse News Service, Kelly has sued the Illinois Secretary of State claiming that allowing the FFRF sign violated the Establishment Clause. The complaint (full text) in Kelly v. White, (ND IL, filed 1/28/10), says that a similar sign will likely be permitted in future years unless the court bars it. Plaintiff argues that state regulations prohibit posting of "signs" as opposed to other kinds of displays, and that the sign violates the Establishment Clause because "it is hostile and inflammatory to all religions." [Thanks to Scott Mange for the lead.]