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Utah uroute12/17/2022 The appeals court noted that there was a secular purpose for the crosses, but ruled that it violated the primary effects prong of the Lemon test, because a reasonable observer would find that the state was endorsing or promoting religion. Kurtzman (1971) and the endorsement analysis from Justice Sandra Day O’Connor’s concurring opinion in Lynch v. The Tenth Circuit applied the Lemon test from Lemon v. On appeal, the Tenth Circuit Court of Appeals reversed in American Atheists, Inc. 10th Circuit rules crosses violate establishment clause of First Amendment A federal district court granted summary judgment in favor of Utah Highway Patrol Association. The Utah Highway Patrol intervened to defend the memorials. and some of its members sued several state officials, contending that these cross memorials posted on government property violated the Establishment Clause. In 1998, the Utah Highway Patrol began posting white crosses on roadsides. However, Justice Clarence Thomas wrote an opinion, dissenting from the denial of certiorari expressing concern over an Establishment Clause jurisprudence he termed “nebulous” and described as “in shambles.” Atheists organization protests highway patrol's roadside crosses 994 (2011) the United States Supreme Court refused to hear an appeal from the Utah Highway Patrol Association, which had sponsored efforts to post white roadside crosses on the side of highways to memorialize slain police officers. (Photo by Jessica Petersen, via Flicker, CC BY-NC 2.0) Supreme Court, who declined to hear the case. The highway patrol appealed the decision to the U.S. The Utah Highway Patrol had erected white crosses like this one along highways to memorialize slain police officers until the Tenth Circuit Court of Appeals said the practice could be viewed as an endorsement of religion in violation of the First Amendment's religious establishment clause.
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