The Utah Highway Patrol has asked the 10th Circuit to revisit a 3-judge panel's recent ruling that crosses along the road memorializing fallen troopers are unconstitutional. That decision found the large crosses with the UHP symbol emblazoned on them give the appearance of state endorsement of Christianity, thus violating the separation of church and state. Perhaps more importantly, the opinion pushed back against the notion that somehow crosses are secular symbols as a lower court judge had found.
The petition filed Wednesday requests an en banc rehearing of the case.
Brian Barnard, who represents the American Atheists, said the petition doesn't raise any new arguments.
"They didn't like the answer they got," Barnard said. "They're hoping that if all of the other judges on the 10th Circuit hear those same arguments, that maybe the result will be different."
