The sculpture of a Catholic bishop with a grotesque facial expression wearing a phallus on his head that is shaped like a bishop's miter and entitled “Holier than Thou,” is the focus of a federal lawsuit against Washburn University in Topeka, Kansas.
The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed the civil rights lawsuit alleging that the university's display conveys the impermissible message of hostility toward Catholics and the Catholic religion in violation of the Establishment Clause of the United States Constitution. The Law Center is asking the Court to order university officials to remove this anti-Catholic symbol.
On September 20, 2003, university officials began displaying the sculpture outside of the student union, one of the most prominent and visible locations on campus. According to the lawsuit, the sculpture mocks Catholic religious beliefs and practices.
National Catholic leaders including William Donohue, the president of the Catholic League for Religious and Civil Rights, have objected to the sculpture for the last several months. On October 3, 2003, Catholic Archbishop James Keleher of the Archdioceses of Kansas City in Kansas wrote an open letter to Washburn University President Dr. Jerry Farley, expressing his disappointment and strongly urging the university to remove this symbol of anti-Catholicism. In his letter, the Archbishop wrote, “I am surprised and dismayed that the university would allow such a piece which many recognize as not only insensitive and insulting but even obscene to be part of an even temporary beautification.” He stated further, “I am extremely disappointed at this present situation that is an affront to me, to many Catholics and to others who value decency and respect. I am particularly concerned for your many Catholic students who see their faith ridiculed and they themselves embarrassed.”
Also in early October, the Kansas State Knights of Columbus, the president of the Archdiocesan Conference of Catholic Women, and the Catholic Campus Center at Washburn University urged university officials to remove the anti-Catholic sculpture.
University officials have refused to remove the sculpture despite these and many other requests. In fact, on October 18, 2003, the university's Board of Regents voted to maintain the sculpture at its present, prominent location.
Robert Muise, the Law Center attorney handling the case observed, “For years atheists, with the help of the ACLU, have used the federal courts to remove the Ten Commandments and Nativity scenes from the public square, claiming that these passive symbols, which have significant historical and cultural importance for our nation, somehow create an establishment of religion. Here, in contrast, we have government officials prominently displaying an overtly hostile and offensive symbol of anti-Catholicism. How will our federal courts respond to this situation? Does our Constitution protect Catholics as much as it protects atheists? We will soon find out.”
According to Richard Thompson, President and Chief Counsel of the Thomas More Law Center, “This is another example of universities across the country enforcing a double standard. They censor as “hate speech” any religious expressions on campus they consider politically incorrect. Yet, they sponsor and support the most offensive expression towards Christians.”
The lawsuit was filed in the U.S. District Court in Topeka on behalf of Dr. Thomas O'Connor, a Catholic professor who has taught at Washburn University for 29 years, and Andrew Strobl, a Catholic student who is president of the Catholic Campus Center. The court has scheduled a hearing on the Law Center's motion for a restraining order for January 13, 2004.
(This update courtesy of the The Thomas More Law Center. The Thomas More Law Center defends and promotes religious freedom, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. It depends on contributions from individuals, corporations and Foundations. It is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit their website at www.thomasmore.org.)
