Federal Judge Upholds Display of 'Anti-Catholic' Statue

(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.

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