Hmm,,, this will be an interesting case if it gets to that point. The "cross" was a structural element of the building PRIOR to it becoming a public school.
Ian Smith, an attorney for the group, told the newspaper that while the Supreme Court has upheld certain religious displays at certain government buildings, cases involving elementary schools are different because of the compulsory nature of schooling.
"Students don't have a choice to be there. Something that might be OK elsewhere is not necessarily going to be OK in a public school," Smith told the Globe. "The public schools have traditionally been treated different than other places."
If the school district does not comply with the group's request to remove the cross, Smith said the group will continue investigating and exploring legal options.
According to the Globe, Spearville Elementary was a Catholic school until it was transferred from the Dodge City Diocese to the local district in 1975. The school was built in 1925 and may be eligible for designation as a historical building, the report said.
Jeffrey Jackson, a professor of law at Washburn University in Topeka, said if a case reaches the courts, the cross could be viewed as a historical element of the building, rather than an endorsement of a particular religion.
Group wants Kansas elementary school to remove cross from top of building | Fox News
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