Federal Judge Upholds Display of 'Anti-Catholic' Statue

Crosswalk ^ | March 4th.2004 | Susan Jones

[missyme]

CNSNews.com) - A federal judge in Kansas has ruled that Washburn University did not violate the constitution by prominently displaying a sculpture that mocks the Catholic faith.

The sculpture, entitled "Holier than Thou," shows a Roman Catholic bishop with a grotesque facial expression wearing a miter that resembles a phallus.

Washburn's Campus Beautification Committee, whose stated goal is to make the Topeka campus "one of the most beautiful campuses in Kansas," chose to display the statue.

The Thomas More Law Center, a public interest law firm, sued the university after it refused to act on complaints by Catholics, including the Kansas City Archbishop.

According to the Law Center, Washburn University President Jerry Farley defended the sculpture as an artwork intended "to engage us intellectually and emotionally."

The Thomas More Law Center said the case against the Washburn was brought on behalf of Dr. Thomas O'Connor, a Washburn professor of 39 years, and Andrew Strobl, a Washburn senior, both of whom are devout Catholics.

The lawsuit alleged that Washburn's display of the sculpture conveyed an impermissible state-sponsored message of hostility toward the Catholic faith in violation of the Establishment Clause.

In his decision dismissing the case, the judge held that Washburn had a secular purpose for displaying this sculpture because "[i]t functions to aesthetically enhance Washburn's campus[,] broaden the educational experiences [and] increase the intellectual capacities of Washburn's students."

The judge concluded that the presence of "Holier than Thou" on Washburn's campus "would [not] cause a reasonable observer to believe that [Washburn] endorsed hostility towards the Catholic religion."

Robert Muise, the Law Center attorney handling the case, called it a very disappointing decision.

"We brought this lawsuit because it was the right thing to do, and we intend to appeal the judge's decision because it is the right thing to do. Catholics will not remain silent while their faith is being publicly ridiculed by a government institution," Muise said in a press release.

Richard Thompson, the president and chief counsel of the Law Center, said recent rulings prove there is a double standard when it comes to applying the Establishment Clause.

"The Ten Commandments and the Christian Nativity scene are out, but an anti-Catholic display of a bishop wearing a miter that resembles a phallus is permissible because it allegedly enhances aesthetics," Thompson said.

"Apparently, the religion clauses protect atheists but afford no comparable protection for Christians. This disturbing trend in our federal courts must be reversed."

The Thomas More Law Center said it plans to file an appeal with the U.S. Court of Appeals for the Tenth Circuit.

The Thomas More Law Center describes itself as a defender and promoter of religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities.

[writer33]

"A federal judge in Kansas has ruled that Washburn University did not violate the constitution by prominently displaying a sculpture that mocks the Catholic faith. "

Mocking Christianity and the Catholic faith is considered to be in vogue now. It's not surprising this leftist judge ruled that way.

[Paul Atreides]

Is it any wonder that the left hates Mel's movie so much?

[WritableSpace]

So I guess More's Ten Commandments are in now?

Or does the state sanction an athiest-commuinst manifesto.

[WritableSpace]

Oh wait thats right, only anti-everything-but-the-state philosophies are in vogue by the tyranny loving (and now state sponsored) society.

[robertpaulsen]

The statue in question. If it were directed towards any other religion, it would have been torn down.

[Lurker]

It still could be....

L

[af_vet_1981]

1. Impeach the judge.
2. Remove the judge.
3. Remove the statue.

[concerned about politics]

In his decision dismissing the case, the judge held that Washburn had a secular purpose for displaying this sculpture because "[i]t functions to aesthetically enhance Washburn's campus[,] broaden the educational experiences [and] increase the intellectual capacities of Washburn's students."

Yes. It'll make it so much easier to indoctrinate the brains of mush into left wing Satanism. That is the goal, is it not? Liberalism is the exact opposite of righteousness. Remove God. and Satan if free to rule.

FOX reported student suicide is the #2 cause of death on college campuses today. Satan isn't after flesh, he just uses the flesh to destroy the eternal soul.

[Just mythoughts]

"Is it any wonder that the left hates Mel's movie so much?"

Christ is the one they hate and Mel makes the perfect scapegoat.

[concerned about politics]

The Thomas More Law Center said it plans to file an appeal with the U.S. Court of Appeals for the Tenth Circuit.

Good. Take it to SCOTUS if you have to, so the entire country hears about it.

[stylin19a]

Let me see if I get this straight..Confederate Battle Flags are a no-no cause somebody might get offended. Anti-Catholic art ? who cares if anyone is offended.

I don't see the constitutional issues here.

Wouldn't this more fall under the lefts Hate Crime altar ?

[twntaipan]

Wow! I can't wait to see what Frank Rich, Maurine Dowd and Abe Foxman have to say about this, not to mention all the other liberal media. I know they will be outraged at this. NOT.

[Pearls Before Swine]

Mocking Christianity and the Catholic faith is considered to be in vogue now. It's not surprising this leftist judge ruled that way.

Free speech is only free if it is free for all. Would this judge let me make fun of the local Imam? Or say what I think of the protected racial clubs on campus? If so, the statue ruling wouldn't be that big a problem.

[an amused spectator]

VanBebber, G[eorge] Thomas

Born 1931 in Troy, KS

Federal Judicial Service:
U. S. District Court, District of Kansas
Nominated by George H.W. Bush on September 13, 1989, to a seat vacated by Richard D. Rogers; Confirmed by the Senate on November 21, 1989, and received commission on December 8, 1989. Served as chief judge, 1995-2000. Assumed senior status on December 31, 2000.

Education:
University of Kansas, B.A., 1953

University of Kansas School of Law, LL.B., 1955

Professional Career:
Private practice, Troy, Kansas, 1955-1959
Assistant U.S. attorney, District of Kansas, 1959-1961
Private practice, Troy, Kansas, 1961-1982
County attorney, Doniphan County, Kansas, 1963-1969
Member, Kansas House of Representatives, 1973-1975
U.S. Magistrate, U.S. District Court for the District of Kansas, 1982-1989

Race or Ethnicity: White

Gender: Male

[writer33]

You're presupposing were not in dealing with liberals. We are. In Liberalville, double standards apply at any time. So, this is a typcial ruling and you'd only be able to say things they consider to be O.K.

[Pearls Before Swine]

In Liberalville, double standards apply at any time. So, this is a typcial ruling and you'd only be able to say things they consider to be O.K.

Yeah, I know. That's what I was getting at.

[writer33]

"Yeah, I know. That's what I was getting at."

And what are you doing in a university casting your pearls before swine? :)

[reed_inthe_wind]

Oh look at this resume. This job candidate went to Washburn!

[exit82]

So.let's see.

A statue of an imam with a bomb under his turban with a lit fuse, would be art also.

Wouldn't it? Free speech and all that.

The statue of the bishop needs to meet a sledgehammer around 2:30 in the morning some fine day.

And ever time it is replaced, it needs to meet the same fate.

After Pischrist and The Virgin Mary in Elephant Dung, it is time to say enough is enough. No other religion than Christianity would be asked to submit to this humiliation.