Tuesday, September 01, 2015

Appeals Court rules 'Big Mountain Jesus' can stay on Forest Service land

A three-judge panel of the Ninth Circuit Court of Appeals decided that a statue of Jesus Christ located on a mountaintop memorial to World War II veterans is constitutional. In a Monday decision,the judges upheld a district court ruling that allowed for "Big Mountain Jesus" to remain at Flathead National Forest near Kalispell, Montana.  The judges concluded that while the 60-year-old statue did have a religious appearance, the display has some purposes that are secular in nature. "The government identified secular rationales for its continued authorization including the statue's cultural and historical significance for veterans, Montanans, and tourists; the statue's inclusion in the National Register of Historic Places; and the government's intent to preserve the site 'as a historic part of the resort', read the decision. "Although the dissent focuses on the monument's appearance, that the statue is of a religious figure, and that some of the initial impetus for the statue's placement was religiously motivated, does not end the matter." In 1953, a Knights of Columbus chapter built a monument at Big Mountain to commemorate the sacrifices of World War II American soldiers. It had a statue of Jesus with arms outstretched. The monument also had a plaque dedicated to WWII soldiers and was privately maintained. Every 10 years the permit for the monument was renewed with the Flathead National Forest. In 2010, The Madison, Wisconsin-based Freedom From Religion Foundation demanded that the Forest Service not renew the permit. While the Service initially agreed, public outcry led them to reconsider...more

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