Federal judge rules against atheist in Bald Knob Cross suit

A federal judge in Illinois tossed out a Chicago-area atheist's lawsuit that requested the Friends of the Bald Knob Cross return a state grant given to the group to help with the restoration of the Southern Illinois landmark, The Associated Press reported Tuesday.

U.S. District Court Judge Michael McCuskey, central Illinois' chief federal jurist, threw out Rob Sherman's lawsuit Tuesday.

Sherman filed the lawsuit in August, claiming that public funding shouldn't be used for sectarian purposes. He had asked the Friends of the Bald Knob Cross in May to return the $20,000 grant the group received from the Illinois Department of Commerce and Economic Opportunity to replace exterior panels on the cross.

In his decision, McCuskey accepted the recommendation of U.S. Magistrate David Bernthal, who on Friday refused to reconsider his decision to reject Sherman's lawsuit over the grant to repair the 11-story-tall cross in Alto Pass, The Associated Press reported.

Bernthal ruled the state's economic-development agency has discretion in how it doles out its money.

Sherman told the Southeast Missourian on Tuesday that the court disregarded the facts -- that the grant was an earmark supported by the legislature, not an allocation from the executive branch.

"This was clearly a legislative earmark, and Bernthal and McCuskey disregarded that," Sherman said. "Whenever judges issue decisions that are completely contradicted by the facts, it destroys the credibility of the judiciary."

Sherman said he plans to appeal the matter with the 7th Circuit appellate court in Chicago.

In an e-mail Tuesday, Steven McKeown, outgoing president of cross foundation, said, "Today was my last day presiding as president of Bald Knob Cross of Peace. I could not have asked for a better 'going away' present than to have U.S. District Judge McCuskey affirm what we have been saying since the beginning of this challenge. ... Mr. Sherman's allegations are without merit."