Religion & American Law

In this article by The Wall Street Journal, a group of atheists have filed suit in New York state court in response to a cross that has been constructed at Ground Zero. the group claims that the cross is a violation of the Establishment Clause of the Constitution by promoting a particular religion on government property. They go on to stress that people are having particular religious traditions pressed upon them that may not be their own. Dan Blair, communication director for the American Atheists says, "To turn this memorial into a Christian prayer site is to disrespect and dishonor non-Christians who died at the hand of Muslim Terrorists that day."

A Christian legal advocacy organization, the American Center for Law and Justice (ACLJ), responded by saying "This is another pathetic attempt to re-write the Constitution and re-write history by removing a symbol that has deep meaning and serves as a powerful remembrance to that fateful attack."

While the ACLJ is very confident the case will fail in court, I am not so sure. In a similar case in 2003, Glassroth vs. Moore, a federal judge ordered the removal of a monument of the Ten Commandments from a state judicial building. The first amendment does not allow the establishment (or promotion) of a particular religion by Congress or the preference of one religion over another.

While Ground Zero is a spiritual place to many who go to pray and pay their respects to any who died, the construction of a religious monument on-site breaks the first amendment. At first I found myself skeptical of this case, considering that symbols or emblems of other religions could be included at the site, however the public display of religious symbols of any kind is still obtrusive to atheists, who do not carry any of those beliefs. Atheists have the right to attend Ground Zero to pay respects to any who died without being subjected to the ideologies of Christianity or any other religion.

While I am sure those who constructed the Cross has good intentions, namely to pay respect to all Christians who died, the construction of the Cross infringes on the rights of all others who may feel slighted by the large cross or feel that the government is neglecting their own religion (or lack thereof) and playing favorites with Christianity.

Only by removing the Cross from Ground Zero, and perhaps reconstructing it nearby, on private property--not government property, can everyone be happy and comfortable while visiting Ground Zero. Although Ground Zero marks a sad and tragic day, it should not be a place that holds ties to any specific religion or set of beliefs.

The ACLJ appears very confident that this case will be thrown out, why do you think they are so sure? Do you think the construction of this Cross is a violation of the first amendment? Can you think of any way to find a satisfactory compromise where Christianity/other religions and atheists share Ground Zero? Or are the atheists in the right completely and the Cross should be removed from the site to an alternate private location? I find it unfortunate that a location so highly cared for and marked, one sense of the word or another, as sacred by the entire country is being legally disputed by major religions. Until some clear legislation about what is and is not permitted on this site is made, this strife will surely continue for yet another decade.