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Attorney confident Jesus statue can stay on Big Mt.

by Hungry Horse News
| July 18, 2012 10:45 AM

An attorney involved in defending the Jesus statue on the side of Big Mountain told people at a town hall meeting in Whitefish on July 16 she is confident legal precedents will help keep the statue where it is now.

CeCe Heil said legal precedents aimed at discouraging the government from being “hostile” to religion will help the Flathead National Forest prevail in keeping the statue at Whitefish Mountain Resort.

Heil is the senior counsel for the Virginia-based American Center for Law and Justice, which takes a particular interest in First Amendment cases.

“This is one that has definitely been on our radar,” Heil said by teleconference call, adding that her organization is mainly interested in making “sure the Establishment Clause isn’t interpreted wrongly.”

The Freedom From Religion Foundation, a Wisconsin-based group, sued the Flathead National Forest earlier this year, arguing that because the statue is located on a small parcel of leased Forest Service land, it constitutes a violation of the First Amendment’s Establishment Clause.

Heil provided an update on the case during a town hall meeting led by Rep. Denny Rehberg at the Veterans of Foreign Wars post in Whitefish.

About 60 people attended the event, including special guest Arnold “Arnie” Funk, a 91-year-old 10th Mountain Division veteran who served in Italy during World War II.

The Flathead Valley chapter of the Knights of Columbus claims the Jesus statue is a memorial to World War II veterans and in particular the 10th Mountain Division.

Heil said in similar cases in the past, groups like the Freedom From Religion Foundation have been found to have no standing in court. She said the argument can be made that Whitefish Mountain Resort actually has more control over the 25- by 25-foot parcel of leased land than the Flathead National Forest.