Judge rules Big Mountain Jesus statue can stay

U.S. District Court Judge Dana Christensen, in Missoula, ruled June 24 in favor of allowing a statue of Jesus to remain where it is on government land on the side of Big Mountain.

Christensen, a former Kalispell attorney, ruled against the Wisconsin-based Freedom From Religion Foundation, which had challenged the legality of the statue’s location.

The Knights of Columbus, a Catholic fraternal organization, placed the statue on Forest Service land inside the Whitefish Mountain Ski Resort about 60 years ago and has maintained it since then. They have renewed their Forest Service lease every 10 years.

Christensen granted the Forest Service’s request for summary judgment and allowed the agency to reissue the permit for the statue, which sits on a 25-by-25-foot plot of land leased by the Knights of Columbus.

In his decision, Christensen acknowledged the statue’s religious connections but ruled that its placement on government land was not unconstitutional.

“Unquestionably, Big Mountain Jesus is a religious symbol commonly associated with one form of religion. But not every religious symbol runs afoul of the Establishment Clause of the United States Constitution,” Christensen said. “The statue 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.”

Christensen referred to the local historical significance of the statue.

“Big Mountain Jesus is one of the only vestiges that remains of the early days of skiing at Big Mountain, and to many serves as a historical reminder of those bygone days of sack lunches, ungroomed runs, rope tows, T-bars, leather ski boots, and 210 centimeter skis,” Christensen said.

He also referred to certain irreverent uses of the statue.

“Big Mountain Jesus has been the subject of much frivolity over the years,” he said. “In addition to serving as a meeting place on the mountain for skiers, and a site for weddings, it has not infrequently been observed adorned with ski poles, goggles, ski hats, Mardi Gras beads and other attire all secular in nature. In fact, frequent repairs have been made to the outstretched hands of Big Mountain Jesus which have been dislodged by passing skiers and snowboarders who have given a ‘high five’ to the statue.”

As to promotion of religion, Christensen noted that the government “neither owns the statue nor exercises control over the property on which it is located,” and the Knights of Columbus’ religious beliefs and reasons for erecting the statue “are not juxtaposed onto the government.” There is no evidence of the Forest Service promoting religion or religious ceremonies at the site, he said, and there is no “excessive government entanglement” because the Forest Service doesn’t maintain the statue or the site “and its only involvement is reissuing the permit every 10 years.”

Annie Laurie Gaylor, a spokeswoman for the Freedom From Religion Foundation, called Christensen’s ruling “really contorted logic.” She said that any irreverence associated with the statue does not balance the reverent intentions of Knights of Columbus when they erected it. She said no decision has been made about whether the ruling will be appealed.

Flathead National Forest Supervisor Chip Weber supported Christensen’s ruling.

“I am pleased that the court validated the re-issuance of this special-use permit,” Weber said. “It is my position that the statue has been a long-standing object in the community since 1955. It is important to the community for its historical heritage in association with the early development of the ski area on Big Mountain.”

Kalispell city attorney Charlie Harball, who represented the Knights of Columbus locally, praised Christensen’s ruling.

“I think it is a very well written ruling,” Harball said. “He applied the law in a very thoughtful way. If it is appealed, it will go to the Ninth Circuit Court of Appeals. We feel very comfortable that Judge Christensen’s ruling will withstand the scrutiny of the court of appeals.”