Last year, atheists sued the 9/11 Memorial and Museum over the establishment's decision to include the so-called "9/11 cross." Atheists had claimed it would violate the First Amendment, but now the museum is asking for a court to end the suit, because, "As a threshold matter, the 9/11 Museum is an independent non-profit corporation. Its curators’ decisions to display particular objects, such as the artifact, in the museum are not state actions to which Constitutional protections apply."

The cross is made of two beams found in the wreckage of the World Trade Center after the September 11, 2001 attacks, and American Atheists Inc. said last year, "The WTC cross has become a Christian icon. It has been blessed by so-called holy men and presented as a reminder that their god, who couldn't be bothered to stop the Muslim terrorists or prevent 3,000 people from being killed in his name, cared only enough to bestow upon us some rubble that resembles a cross. It's a truly ridiculous assertion. It will just be a Christian icon, in the middle of OUR museum. This will not happen without a fight."

The Post has the details on the 9/11 Memorial and Museum's court filing:

According to the museum, the cross is an “important and essential artifact” that “comprises a key component of the retelling of the story of 9/11, in particular the role of faith in the events of the day and, particularly, during the recovery efforts.”

“After its discovery, the artifact was venerated by certain workers during the course of the rescue and recovery operation at Ground Zero, including in religious services conducted by a priest,” the court papers say.

“Many of them came to regard the artifact as a source of comfort and spiritual symbolism during their time at Ground Zero, and they treated it as such.”

The museum also blasts the atheists for suggesting that a “17-foot-high A for Atheists” or an American Atheists lapel button also be included in its exhibition.

The court filing also quoted the museum's director Alice Greenwald who said, "The 9/11 Museum is ‘not in the business of providing equal time for faiths, we are in the business of telling the story of 9/11 and the victims of 9/11."

FWIW, Jon Stewart said the atheists were cray-cray while Mayor Bloomberg felt the lawsuit was fine.