Crossing the line

A federal judge has backed the point of view of an organization and a quartet of Lehigh County residents that the cross in the county seal probably needs to be eliminated.

U.S. District Court Judge Edward G. Smith’s opinion last month was almost apologetic, saying that Supreme Court and Third District Court guidelines compel him to stand with the residents and the group to which they belong, the Freedom From Religion Foundation.

His ruling says the cross serves no discernible secular purpose; therefore, it is unconstitutional, and he said the Wisconsin-based group must now seek an injunction to move the case forward.

Smith’s ruling also said that a reasonable person in looking at the seal could conclude that the county is endorsing Christianity.

At the same time, Smith believes that the county’s intent was historical, not religious-based. He also said the county has the right to appeal his decision.

The framers of the U.S. Constitution addressed the separation of church and state in the First Amendment with these words: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …”

We side with the county that this claim is meritless. We would hazard an educated guess that more than 99 percent of county residents were unaware of the existence of a seal, let alone know what its contents are.

The Freedom From Religion Foundation has been urging the county for nearly three years to modify the seal by excluding the cross, which it sees as an official “endorsement” of Christianity.

County officials reject this notion, claiming that the cross is one of several symbols within the seal that depict traditions that led to the county’s founding and establishment. It honors those early Christian settlers — nothing more.

According to the Lehigh County Historical Society, the seal also shows the American and Pennsylvania flags. A heart on the seal represents the city of Allentown, the county’s and region’s largest community and county seat. This encircles two books and a lamp of learning symbolizing the importance of education. Buntings symbolize the once-thriving clothing industry that was prevalent in the county.

The Lehigh County Courthouse, the Liberty Bell, the head of a bison, a cow, a barn, farmland and smokestacks of a cement mill all symbolize the importance of farming, industry and open space throughout the county.

When former county Commissioner Harry Hertzog designed the seal, then proposed its adoption to his colleagues 73 years ago, he said the cross represented “the God-fearing people who are the foundation of our county,” according to a newspaper account at the time.

A representative for the Freedom From Religion Foundation said that among all of these depictions, the cross is by far the most prominent.

The group and its members believe precedent is on their side, pointing to a 2016 ruling in which a federal judge agreed with plaintiffs who filed suit saying that it was unconstitutional for Los Angeles County supervisors to place a Christian cross on the county seal.

The Lehigh County commissioners will discuss what to do next. It’s a tough call for them and for taxpayers. Do they fight this banality on principle, even though their chances of winning are probably no better than 50-50, or do they suck it up and have the county seal redesigned, which also will cost thousands of dollars?

The county seal is used on official documents, stationery, decals, etc. and is prominently on display as a screen-saver in the county commissioners’ meeting room.

We maintain that the courts need to take into account that the seal has never been used as a vehicle to favor Christianity or impose it on the population.

In addition to asking that the seal be declared unconstitutional, the organization and the four county co-plaintiffs are seeking “nominal damages” to repay them for the “injuries” to their constitutional rights and to compensate them for court costs and attorneys’ fees they have incurred and will have in the future.

We see the cross on the seal in the same light as the “In God We Trust” inscription on U.S. coins and bills or the “One nation, under God” in the Pledge of Allegiance.

By Bruce Frassinelli | tneditor@tnonline.com