Quote:
Originally Posted by Challenger
Steve--
It's is not that it is a "tiny little" cross. The problem is that it is a violation of the deed restrictions. Shape and size is not the point. Ignoring violations will eventually lead to other "not so big or not so significant" violations. Precedent will cause enforcement problems eventually.
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I cannot make this any more clear. The cross is a Religious Symbol it is not a secular symbol. It would be protected under the 1st Amendment of the Constitution for Religious Freedom. Does that mean they could erect a 30 foot cross in their front yard, NO. The HOA in their Deed Restrictions could limit where in the yard it is placed, the size of the cross (Or any other Religious symbol) as long as the restriction did not but undue burden. If you search some of the rulings in the past the court makes a distinction between what is a secular symbol and a religious one. A Christmas Tree is a secular symbol. Why, because the court said people who are not Christian also have Christmas Trees. A cross is a Religious Symbol according to some of the court rulings. Protected under the 1st Amendment. It don't get any clearer the that.