The WTC Cross: Why The Lawsuit Needed To Be Filed

  The United States National Church  - Think It Can't Happen? “It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever?” – President James Madison, Memorial and Remonstrance Against Religious Assessments (1785) If there ever was a statement that enshrined the spirit of the First Amendment’s Separation of Church and State clause, this is it.  President Madison was addressing a bill that was presented in the last Session of the General Assembly, titled "A Bill establishing a provision for Teachers of the Christian Religion."  Madison believed that if any religion were given special provision under the law it would be a “dangerous abuse of power.” That Old Rugged Cross There are Atheists who are falling in with those who are against the American Atheists, Inc. lawsuit regarding the World Trade Center Cross.  The suit has been called everything from frivolous to petty. They also believe we are fighting against religion, which is causing us to appear as fundamentalist as the most rabid believer. However, the suit is not about fighting religion, it is about the setting one precedent to avoid a plethora of others.  It is just as important as the 1963 case that made prayer in public schools illegal.  This case is about equality in a diverse national community.  It is about the protection of the rights and freedoms of not just Atheists, but of all citizens, even those who belong to the “wrong sect” of Christianity. It is about the preservation of the very principles that Madison wrote about and that many of our Founding Fathers had put forth in the drafting of our secular constitution. The suit to remove prayer from public schools back in 1963 was also met with harsh criticism and much resistance from the Atheist camp, and some of the same questions were raised as are being raised now by Atheists who disagree with our decision to sue. But, in retrospect, we all can agree that the School Prayer case was one of the most important First Amendment cases to be won, and when we win this suit, the consensus will be the same, in time. In 1963, there were many Atheists who didn’t understand what harm it would cause to let the Christians have their prayers. They said we should just ignore it and choose not to participate. We can see where that would have ended up.  Likewise, when Atheists today ask what harm does it to do let them have their monument; just ignore it, that would set a far-reaching precedent in First Amendment law. Precedents Indeed, Representative Michael G. Grimm (R-NY) is planning on introducing legislation titled “The 9/11 Memorial Cross National Monument Establishment Act of 2011.” The purpose of this bill would establish the 9/11 Memorial Cross as a national monument. His argument is that, “This cross was a symbol of hope and freedom at a time when New Yorkers were coping with loss and destruction in the aftermath of the deadliest terrorist attack on American soil… …By establishing the 9/11 Memorial Cross as a national monument, we ensure this symbol of freedom continues to stand for all those we lost and those whose faith remains to this day.” That is fine and dandy if you are a Christian, but I was raised in New York City and lived there for decades and I can tell you with great certainty that not all New Yorkers are Christian.  I have a feeling that goes for the entirety of the United States Citizenry.  There are many who do not view the cross as a symbol of freedom. While many may be indifferent about it, there are those for whom the cross depicts credulous servility that represents bigotry, hatred and discrimination.  It is a poor choice for a national monument because it not only takes the attention away from the victims and puts it on the church, but it also implies (according to Christian doctrine) that the victims in those terrorist attacks who were not Christian are currently burning in hell. As if being burned alive by jet fuel wasn't enough.  That, alone, makes the Cross totally inappropriate.  But it is more than inappropriate.  It is illegal. A Turn Of Events As far as the lawsuit goes, while it was initially filed in the state courts of New York, it has since been removed to the Federal Court.  American Atheists, Inc. National Legal Director Edwin Kagin states, “A case that has both federal and state issues can be ruled upon by a judge in a State court, but if the defendants want it moved to Federal court, they have that option” This is exactly what they did, and according to law, it cannot be undone.  Their reasoning behind this was that they felt the judges in liberal New York would not rule favorably to them.  However, one does not get to pick which judge will be hearing the case in Federal Court, and this has worked to our advantage. The judge who drew the case is none other than Justice Deborah A. Batts.  Judge Batts has degrees from both Radcliffe College and Harvard University, was an Assistant US Attorney, an Associate Professor of Law at Fordham University, the Special Associate Counsel to the Department of Investigation for New York City and was appointed on the recommendation of Senator Daniel Patrick Moynihan, was appointed by President Bill Clinton to a seat on the Southern District Federal Court. Judge Batts is also an African American Lesbian.  So much for Divine Providence… It cannot be stated emphatically enough that American Atheists, Inc., is not “suing religion” and are we not fighting against any individuals right to pray to who or whatever they want.  We are fighting for the preservation of the United States Constitution and for the equality of all American Citizens. --- Al Stefanelli – Georgia State Director, American Atheists, Inc.