A national group called American Atheists is suing the museum to stop the display of the cross, arguing that a religious symbol has no place in a memorial that’s backed by public funds and that is supposed to serve as a monument to victims of many different religions – and to those who had no religion at all.

Eleven years after the World Trade Center attack, the billion dollar memorial and museum dedicated to the victims of 9/11 is just half that – a memorial without an operating museum.

And though a dispute between New York City’s mayor and New York’s governor is responsible for delaying the opening, a separate legal battle is aimed at blocking one museum exhibit in particular: a large cross made of one of the twin tower’s T-beams that became a national symbol in the days after the 2001 attacks.

A national group called American Atheists is suing the museum to stop the display of the cross, arguing that a religious symbol has no place in a memorial that’s backed by public funds and that is supposed to serve as a monument to victims of many different religions – and to those who had no religion at all.

“It is important that it not be displayed to the exclusion of everyone else,” said David Silverman, president of the American Atheists, which first filed suit in July 2011. “This case is about inclusion, it is not about the elimination of religion, it is about the inclusion of everyone.”

The National September 11 Memorial & Museum says it included the cross because it “became an icon of hope and comfort throughout the recovery in the wake of the September 11, 2001, attacks.”

The case has gained national attention and has become important to many atheists and religious Americans alike. While atheist blogs and publications have pushed this case, spearheaded by American Atheists, conservative religious groups such as the American Center for Law and Justice have cited it as an example of growing anti-Christian sentiment and have filed an amicus brief in support of his display.

In light of all the attention, one legal expert says the atheists’ legal case is “absurd.”

“I think the odds of a court ordering the cross removed are literally zero,” said Jeffrey Toobin, CNN’s legal analyst. “The museum is not building a place for religious worship, they are preserving a historical relic that was meaningful to a great many people and part of the story of 9/11.”

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