Court rules Big Mountain Jesus statue can stay
<p>A 6-foot-tall statue of Jesus is located on a small piece of U.S. Forest Land above Chair 2 at Whitefish Mountain Resort.</p>
The statue of Jesus can remain on Big Mountain, the Ninth Circuit U.S. Court of Appeals ruled Monday.
The 6-foot-tall statue is located on a small piece of U.S. Forest Land above Chair 2 at Whitefish Mountain Resort. The statue has been maintained at the location by the Knights of Columbus for about 60 years and is considered a memorial to World War II veterans.
The appeals court ruled that the forest service’s continued authorization of the statue on federal land does not violate the Establishment Clause of the First Amendment to the Constitution.
“Besides the statue’s likeness, there is nothing in the display or seeing to suggest a religious message,” the court ruled. It went on to say that “local residents commonly perceived the statue as a meeting place, local landmark, and important aspect of the mountain’s history as a ski area and tourist destination.”
The Wisconsin-based Freedom From Religion Foundation sued in an attempt to have the statue removed from federal land. The group said Monday that it will ask for a review of the decision by the entire panel of the Ninth Circuit.
The group’s Co-President Annie Laurie Gaylor called it “phony” and a “sham” to pretend the “giant Jesus” is secular.
"That means federal taxpayers are subsidizing religious speech, in this case Catholic," Gaylor said
Lawyers from the Becket Fund for Religious Liberty defended the statue against the group.
“Today’s decision rejects the idea that history and the First Amendment ought to be enemies,” said Eric Baxter, senior counsel of the Becket Fund. “Freedom From Religion Foundation wanted to use the First Amendment to erase Big Mountain Jesus from memory, even though it is, as the court recognized, a crucial part of the history of Montana. Thank goodness for common sense.”
The foundation appealed a 2013 ruling by U.S. District Court Judge Dana Christensen that the statue could remain on the mountain.
Freedom from Religion Foundation claimed the statue is a violation of the Establishment Clause that provides for the separation of church and state.
The appeals court ruled Monday that the forest service’s permit allowing the statue “did not constitute an endorsement of religion.”
The court notes that the statue is on display “far from any government seat or building, near a commercial ski resort, and accessible only to individuals who pay to use the ski lift.” It adds that the statue’s plaque says it is privately owned and maintained and “besides the statue’s likeness, there is nothing in the display or setting to suggest a religious message.”
The court goes on to say that 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.”
The Flathead Forest initially denied a permit to the Knights of Columbus and called for removal or the statue. The decision was suspended after public outcry and the issue was opened to public review. The forest eventually reauthorized a special use permit last year. The decision came after about 95,000 comments were received during an environmental analysis of the permit.