Lawsuit over anti-Catholic sculpture

[Volokh, Eugene]

        The Thomas More Law Center is suing Washburn University (a public
university) for its display of an anti-Catholic sculpture.  The sculpture
apparently "depicts a Catholic bishop with a grotesque facial expression
wearing a phallus on his head that is shaped like a bishop's miter," and the
caption says "The artist says, 'I was brought up Catholic.  I remember being
7 and going into the dark confessional booth for the first time.  I knelt
down, and my face was only inches from the screen that separated me and the
one who had the power to condemn me for my evil ways.  I was scared to
death, for on the other side of the screen was the persona you see before
you.'"  The sculpture was apparently selected by Washburn for display --
this isn't some open forum where anyone can put up a sculpture -- and, as
best I can tell, it isn't an obvious part of any broader display (as a
painting might be in a museum).
 
        Such a display, the More Center argues, expresses disapproval of
religion and thus violates the Establishment Clause.  Any thoughts?  See
<http://www1.law.ucla.edu/~volokh/blog_data/washburn.pdf>
http://www1.law.ucla.edu/~volokh/blog_data/washburn.pdf for the complaint.
 
        Eugene