Big Mountain Jesus statue decision appealed

A Wisconsin-based atheist group is appealing a federal judge’s ruling that allowed a statue of Jesus to remain on Big Mountain.

The Freedom From Religion Foundation filed notice Aug. 22 that it would appeal the June 24 U.S. District Court ruling that kept the statue in place on Flathead National Forest land.

The organization is challenging the legality of the statue because it is located on a small piece of national 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 foundation argues the statue is in violation of the Establishment Clause of the First Amendment to the Constitution that provides for the separation of church and state.

In a decision this summer, U.S. District Judge Dana Christensen disagreed saying that leasing public land within a private ski resort to a private organization that maintains the statue doe not violate the Establishment Clause. The ruling allowed the Flathead National Forest to re-issue a 10-year permit for the statue held by the Knights of Columbus.

Christensen said that the statue’s presence does not convey to a reasonable informed observer that the government, rather than a private party, endorses Christianity over any other faith or the absence of faith.

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.

The FFRF filed its appeal to the 9th U.S. Circuit Court of Appeals.