The Volokh Conspiracy - OK for Las Cruces to Have Three Crosses on Its City Seal:

So says a Tenth Circuit opinion handed down today. (The court also upholds the use of similar imagery in some other government displays around town.)

The Supreme Court has held that government endorsement of religion usually violates the Establishment Clause, and quite a few circuit cases have applied this test to strike down the use of religious imagery in city seals. But the Tenth Circuit concludes — in my view, quite correctly — that "Las Cruces's unique history explains why the City's name translates as 'The Crosses' and, relatedly, why the City uses crosses in its symbol," and this explanation shows that reasonable observers wouldn't see the seal as an attempt to endorse Christianity.

Here's the star of the show:

	[Eugene Volokh, September 12, 2008 at 6:14pm] Trackbacks OK for Las Cruces to Have Three Crosses on Its City Seal: So says a Tenth Circuit opinion handed down today. (The court also upholds the use of similar imagery in some other government displays around town.) The Supreme Court has held that government endorsement of religion usually violates the Establishment Clause, and quite a few circuit cases have applied this test to strike down the use of religious imagery in city seals. But the Tenth Circuit concludes — in my view, quite correctly — that "Las Cruces's unique history explains why the City's name translates as 'The Crosses' and, relatedly, why the City uses crosses in its symbol," and this explanation shows that reasonable observers wouldn't see the seal as an attempt to endorse Christianity. Here's the star of the show: