Las Cruces' Use of Crosses Not an Establishment Violation

Weinbaum v. City of Las Cruces, Docket No. 06-2355 (10th Cir. September 12, 2008): Plaintiffs sued the City of Las Cruces, New Mexico, and the Las Cruces Public Schools based on the representation of three crosses in the City's seal, on district maintenance vehicles, in a sculpture, and in a school mural, alleging that the use constituted an improper endorsement of a specific religion, Christianity. The district court had held that there was no Establishment Clause violation because the City had a valid historical basis for using the symbol and the circumstances surrounding the use of the symbol demonstrated a secular purpose. The Court acknowledged that the use of the crosses raised legitimate Establishment Clause concerns. However, in this case, "Las Cruces’s unique name and history and the record in this case adequately establish according to requisite standards that the City and District’s challenged symbols were not intended to endorse Christianity and do not have the effect of doing so."