Paul Weinbaum is having a hard time convincing a judge that crosses used on government property of the City of Las Cruces and Las Cruces Public Schools violate his constitutional rights.
Weinbaum had his federal lawsuit against the city dismissed on Nov. 9. He and the other plaintiff, Martin Boyd, filed an appeal Thursday with the 10th Circuit in Denver, according to the Las Cruces Sun-News. They argue that the city’s logo, which includes three crosses, is unconstitutional.
Now the same judge, U.S. District Court Judge Robert Brack, has tossed out Weinbaum’s similar lawsuit against the school district, the Sun-News is reporting in a separate article.
The cases have earned Las Cruces national media attention. Weinbaum argues that the crosses in government logos essentially force Christianity upon him and, in the case of the school district, his child using taxpayer money. The governments argue that the crosses have historical significance.
After all, the city’s name is Las Cruces. Weinbaum isn’t challenging that.