It's common to see roadside memorials where people have died in car accidents. These memorials are usually private and not technically permitted — when the state cleans up along the roads, they should take down the memorials. Some would like the see such memorials protected, even if they are large and send a religious message. Are you ever bothered by the increasing number of memorial crosses littering America's roadsides? If so, you can and should do something.
Some highway officials are beginning to agree that something needs to be done because too many roadside memorials become distracting and dangerous. No one objects to the placement of a wreath or flowers on the anniversary of an accident — so long as this isn't creating a hazard for other drivers, that isn't a problem. Complaints focus on permanent or near-permanent shrines. No one else is allowed to do something similar with non-religious messages (like message from Mothers Against Drunk Driving which might actually be appropriate in such situations), so why should a religious message conveyed through something like a cross be permitted?
Personal Religious Expression?
Are roadside memorials with religious messages protected as private expressions of religion? Aren't they protected by the First Amendment of the Constitution? They would be if they appeared on private land and/or were part of a public forum where other messages can be expressed. Because they are erected on public land where other messages are not permitted, however, Christians are effectively privatizing public property for their own ideology.
Would Christians proponents of roadside memorials accept it if the state erected memorials of upside-down crosses or Muslim crescents? They shouldn't, because it is inappropriate for the state to promote religion like that. The same principles should be upheld when Christianity is involved: just because Christians are a majority doesn't mean that there is no problem with state support for their beliefs, traditions, and symbols.
Religious memorials along the nation's roads should not be given a special exemption from laws that otherwise bar people from setting up statements or advertising on public property. A de facto exemption already exists in that state officials routinely fail to enforce the law when it comes to religious memorials. Not all exemptions from general laws for matters of conscience, religious or not, are wrong, but there must be very good reasons for such exemptions and there don't appear to any grounds for creating a religious exemption to the rules barring semi-permanent roadside displays.
State Policies on Roadside Memorials
State agencies have a couple of options when it comes to what policy they will pursue with roadside memorials. The first is to take responsibility for erecting and maintaining them. If these memorials are religious and the state doesn't apply the same policy to secular messages along the side of the road, then this policy is illegal. Since it's almost certain that no state will adopt such a policy with secular messages, no state will be able to legally defend this option.
The second option is to simply ignore the memorials — neither helping nor hindering them. Complete passivity is impossible because at the very least mowing and other forms of road maintenance must be adjusted to not disturb or destroy the memorials. Once again, though, this policy won't be constitutional unless similar behavior is followed for completely secular messages. Do road maintenance crews ignore commercial and political messages? Almost certainly not, which means that doing so for religious messages on memorials will be unconstitutional.
The final option is the one generally used by state agencies: technically disapprove of roadside memorials and remove them whenever they get too large, too numerous, or other work is being done in the immediate vicinity. Out of respect to the families, though, small memorials are not actively pursued and eliminated as soon as they appear — at least so long as they aren't creating any problems. This is probably the most reasonable compromise, but unfortunately by giving people an inch some want to take a mile by erecting larger and more permanent structures.
Take Action Against Religious Memorials
There are some actions you take do to deal with these memorials if you want. First, you should contact the authorities responsible for road maintenance and ask them to take quicker action. Explain that these memorials are hazardous, unsightly, and in the case of religious memorials are a church/state problem. If nothing changes you may have to take matters into your own hands — and since the memorials are not erected with state approval and supervision, you may have every right to do so.
The steps you should follow are those you'd use for cleaning up any roadside litter:
- Stick to Public Property: don't remove memorials from private property
- Check the Laws: make sure there are no regulations about where you are walking
- Park Safely: get off the road and on to a parking lot or side street
- Walk Safely: use brightly colored gear like orange vests
- Be Prepared: bring bags, gloves, long pants, boots, etc.
- Be Really Prepared: steel memorials sunk in concrete need powerful cutting tools which you may to have or be allowed to use here
You'll probably have to do this multiple times as the memorials reappear again and again, so keep in contact with the public authorities to encourage them to keep the roadside clear. You should also be prepared for possible confrontations, which means carrying a cell phone to call the police if necessary.
