Decorative Scales of Justice in the Courtroom
Written by Don Byrd
The 2nd Circuit Court of Appeals is considering a challenge to the inclusion of a cross in a museum display that is being built partially with public funds. The national memorial museum commemorating Ground Zero of the September 11, 2001 terrorist attacks, is scheduled to open this Spring with a cross-shaped beam from the wreckage that became a religious symbol for many.

American Atheists argued before the Appeals Court last week that the District Court was wrong to dismiss the case. Religion News Service has more:

In his appeal, [American Atheists lawyer Edwin] Kagin said his organization is seeking a similar object to be displayed at the museum, something like a plaque that would say “atheists died here, too.”

 

“We’re arguing for equal treatment in some way, whatever that might be,” Kagin said after the hearing.

 

Questions raised by the three-judge panel included whether similar treatment would be needed in a place like the Holocaust Museum, a museum that includes Jewish artifacts but would not be considered an endorsement of Judaism.

“We’re worried about the alienation of atheists,” [Kagin] said. “We’re deeply concerned this cross gives one story, and that’s for Christians.”

In the District Court’s opinion a year ago, the judge ruled that the inclusion of the cross does not improperly advance or promote religion because it was included in the context of a museum display and would be surrounded by several secular artifacts. She also rejected the plaintiff’s argument that the cross’ temporary housing at a church constituted excessive entanglement between the museum foundation and the church.

Whenever the Appeals Court rules, you can read about it here at the BJC’s Blog From the Capital.