After ruling the Utah Highway Patrol Association's roadside crosses unconstitutional, the 10th Circuit has agreed to leave the religious monuments in place while the defendants appeal to the U.S. Supreme Court.
The Utah Attorney General’s Office requested the stay. UHP and its association plans to appeal its case to the Supreme Court, said Byron Babione, an Arizona-based attorney with the Alliance Defense Fund, which is representing Utah troopers’ case.
But getting the nation’s high court to take the case could be a long shot — the Supreme Court only hears roughly 50 cases each year out of the 10,000 that apply, said Brian Barnard, a Utah civil rights attorney for Texas-based American Atheists Inc., which filed the suit against UHP and its association in 2005.
