Court: School's 'Phallic' Sculpture Doesn't Violate First Amendment

The Denver Channel ^

[Millee]

An appellate court in Denver won't order the removal of a statue depicting a clergyman with a bishop's miter -- or ceremonial hat -- that some say is offensive because of its phallic appearance. A student and faculty member filed a lawsuit after the statue -- titled "Holier Than Thou" -- was installed on Washburn University's campus in September 2003.

The display was part of a larger outdoor display at the school in Topeka, Kan.

The Tenth U.S. Circuit Court of Appeals upheld a lower court's decision Thursday, saying the school didn't violate the First Amendment.

The court also said that in the context of art, any reasonable observer would understand the school didn't endorse an anti-Catholic message, regardless of whether the statue actually sends that message.

In addition, the court said the plaintiff's request for a preliminary injunction seeking the sculpture's removal was moot because the statue had been removed from the campus as scheduled.

The lawsuit criticized the sculpture, which was displayed outside the student union, for giving the clergyman a "grotesque" facial expression.

Thomas O'Connor, a biology professor, and Andrew Strobl, a student, argued that the sculpture is anti-Catholic and represents an official expression of hostility toward their faith, violating their constitutional right to religious freedom.

"This anti-Catholic symbol mocks God the Father, and it attacks the sacrament of Penance, the ecclesiastical authority of the Roman Catholic Church and the role Christ plays in the sacrament of Penance," the lawsuit said.

Sculptor Jerry Boyle of Longmont, Colo., said he sees the work as a "humorous piece" and that he is glad that it has sparked a discussion.

"That's one prerequisite of a good piece of art -- they're thinking about it," he had said in previous interview. "You look at it and you get out of it what you want to."

Boyle said he created the work in 1990 and it was displayed in downtown Colorado Springs, Colo., a few years ago, without inspiring a similar controversy.

"The sculpture was not selected nor placed to make a political statement but rather as a work of the creative arts," the school said in a previous statement. "We regret that some have taken offense, but universities must continue to be venues for the free exchange of ideas."

[Millee]

*Snort* I ain't saying a word..

[Clemenza]

Well, I have met some bishops who were real d-ckheads.

[kingu]

"The sculpture was not selected nor placed to make a political statement but rather as a work of the creative arts," the school said in a previous statement. "We regret that some have taken offense, but universities must continue to be venues for the free exchange of ideas."

Yeah right.

[SampleMan]

Its OK to have religiously themed items on public land, as long as it is mocking the religion. Right?

[diverteach]

But the ten commandments are offensive. F!@#ing morons! Once again somebody needs a good slappin'.

[grouchy originalist]

but that same school district would ban something that remotely suggested that...oh no!...Jesus might actually not be such a bad thing??? "separation of church and state" doesn't exist in the constitution...it is a phrase invented by lefty pinkos who are still holding their lighters in the air for Karl Marx