Lawsuit States Sculpture Violates Separation of Church and State
By Kurt Christopher, KOB-TV (NM)

A lawsuit over a work of art at a Las Cruces school is stirring strong emotions, and has opened a new debate over the separation of church and state.

Two men have filed a federal lawsuit against Las Cruces Public Schools about the sculpture, which represents three crosses.

The city's name of Las Cruces is Spanish for "the crosses." There are several theories on how the town got its name. Most believe the area was named for grave markers a hundred years ago.

City officials argue the image of three crosses, which can be seen throughout the area, is a city symbol, not a religious symbol.

Paul Weinbaum disagrees.

"Well, I find it personally offensive being on public property," he said.
Weinbaum has filed a federal lawsuit against the school district. He wants the sculpture removed from public property because he says the crosses clearly represent a Christian symbol, and thus give the impression of a state-sponsored or preferred religion, which is unconstitutional.

"They keep saying that Las Cruces is a real multicultural community, but these symbols represent a particular group of people and exclude all other people," said Weinbaum.

Weinbaum says he's not attacking Christianity or the city's right to call itself Las Cruces. Instead, he says he is fighting for the separation of church and state.

The sculpture is not the only issue in the lawsuit. So is the school district's logo, which also displays the three crosses.

Las Cruces Public Schools declined to comment on camera on this story, but the City of Las Cruces, which also has crosses in its logo, says if sued it will defend the symbol.

"The crosses clearly are a part of the city's history and culture and they are not tied to any religious significance," said Las Cruces city manager Jim Ericson.

Weinbaum disagrees and says the city could be next to end up in court.
The school district's attorney says the lawsuit has no merit. It will be up to a federal judge to make that determination.