I like The Daily Show. Jon Stewart is funny, witty, and makes you think. On Thursday’s show did a piece in his “Culture War Update” about American Atheists law suit over the steel beam cross that’s going to be part of the 9/11 memorial.

I’m torn about this lawsuit, on a number of grounds. I’ll split it into technical, legal, and public relations issues.

Technically I think Dave Silverman and American Atheists are mostly right. This is a government sanctioned, funded, and constructed memorial museum. As such, the government has a constitutional obligation to not endorse one religion over other religions or philosophical traditions. If the beams had formed any shape other than a cross they would have been disposed of with the rest of the rubble.

Intersecting beams is a very common shape in building construction, so it’s not surprising that out of the thousands of beams from the twin towers that at least one cross survived. Unfortunately, the symbols of other religions and philosophical traditions are not common shapes in construction. A Buddhist lotus, Hindu swastika, Muslim crescent, pagan pentagram, atheist atom, or humanist “happy human” would serve no structural benefit, but intersecting beams do. As such the only religious symbol to survive the WTC, at least of that size is a cross. From an historical standpoint, no other symbol should have equal standing because no other symbol was a structural part of the building.

The cross has spent most of the last decade at a church where it has been blessed by religious leaders and venerated as a powerful icon. It has taken a life of it’s own, a life that goes far beyond it’s original purpose as part of the structure. By moving it into a government museum I would think this would weaken it’s iconic status. The freedom to light candle by it, hold prayer vigils before it, and to anoint it with holy water or oil would necessarily be reduced. I would think the Christian faithful who venerate this object or look to as a symbol of hope would want it to remain at a church or have a church built around it.

Simply put, the 9/11 cross belongs in a church, not a museum.

On the legal side of things, as already mentioned, no other symbol was part of the wreckage like the cross and the way people have latched onto it gives it historical meaning and value. The 9/11 memorial museum is supposed to describe the events and the reaction that people had to it. That cross is part of this history. I’ve been to the Smithsonian’s National Art Museum and American History Museum, both include a lot of religious references and materials. This is appropriate because a museum is descriptive, not prescriptive. Silverman wants the cross removed or to include other symbols of equal size and prominence. Unfortunately a museum, as a descriptive institution would have no business displaying a manufactured atheist atom next to a cross that is part of the wreckage.

Image via Arizona Atheist

If the museum is set up properly, then memorials and tributes from other religious and non-religious groups would be included, but not of the same size or even in the same part of the museum. This would include small objects that were placed against the fence, signs, newspaper articles, and even essays about the 9/11 attacks. In that context I would even support including the image of the towers with the words “Imagine no religion.” The reason is because that describes a response to what happened.

Finally, there’s the PR. Silverman is really good at getting media attention and this has gained him and American Atheists a great deal of prominence in the national dialogue. This has also gained a lot of members for American Atheists. That is good. However, there does come a point where you can be just enough of a dick to incite hatred against you. The death threats that have been made on Facebook and via email attest to this.

While I think the hatred says more about those with the hate than the one who is hated, there is a certain responsibility, especially when you are already a hated minority group, to improve the public image of your group. Right now Dave Silverman is the public face of atheism in America. With that he has a responsibility to not encourage people to hate us more than they already do.

Being right doesn’t determine if you’ll win and even if you win the battle you still might lose the war. This lawsuit is a bad idea.