American Atheists filed suit three years ago against having this symbol included in the National September 11 Memorial Museum, which officially opened late last month. Their suit was tossed forthwith as baseless; US District Court Judge Deborah Batts wrote
No reasonable observer would view the artifact as endorsing Christianity. [The museum curators] have not advanced religion impermissibly, and the cross does not create excessive entanglement between the state and religion.
The group appealed to the Second Circuit which responded by instructing American Atheists actually to make a case and not just bellyache, and to do so by 14 July. In so instructing, the Appellate Court cited an amicus brief provided by the Becket Fund for Religious Liberty which argued among other things that
Courts should not allow people to sue just because they claim to get “dyspepsia” over a historical artifact displayed in a museum.
As Eric Baxter, Senior Counsel for Religious Liberty noted,
Taking personal offense is not an injury that warrants invoking the power of the courts to shut down everything you disagree with. The Constitution is not a personal tool for censoring everyone’s beliefs but your own.