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A 78-year-old cross on public property in Florida targeted by atheist groups will remain standing after a victory in the 11th Circuit Court of Appeals.
The court ruled Wednesday that the Bayview Cross in Pensacola, which was built ahead of World War II as a place for the community to gather, does not violate the Constitution.
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“The Supreme Court has now made clear that religious symbols are an important part of our nation’s history and culture,” Luke Goodrich, vice president and senior counsel at Becket, said in a statement.
The Pensacola Bayview Cross can stand, according to the U.S. Court of Appeals for the Eleventh Circuit. (Becket)
The federal appeals court ruled the cross is constitutional, noting it has become “embedded in the fabric of the Pensacola community” and that removing it could “strike many as aggressively hostile to religion.”
Four individuals, represented by the American Humanist Association and the Freedom From Religion Foundation, sued the city in 2016, demanding the cross be torn down.
Pensacola Mayor Grover Robinson celebrated the ruling.
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“Pensacola is a historic city with a rich and diverse history. The Bayview Cross is an important part of that history as a symbol of our community’s coming together during a national crisis,” Robinson said. “Today the citizens of Pensacola will celebrate our long-awaited victory and the preservation of the Bayview Cross.”
The historic 34-foot cross stands in Bayview Park in Pensacola, Florida. (Becket)
The decision came after the June 2019 Supreme Court's landmark religious liberty case, American Legion v. American Humanist Association, in which First Liberty Institute successfully defended the World War I memorial cross in Bladensburg, Md.
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“The Supreme Court made clear in The American Legion decision that the days of governments roaming the land to scrub all public symbols of faith are over,” Mike Berry, general counsel to First Liberty Institute, said. “We’re thrilled to see our victory in that case already making an impact and protecting religious freedom across the country."
Monica Miller, American Humanist Association legal director and senior counsel, said the group is exploring all their options, calling it a "devastating blow" to the Establishment Clause.
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“It is troubling to see the court attack the principle of church-state separation that was held dear by our Founders,” Roy Speckhardt, executive director of the American Humanist Association, said. “Today’s decision is part of the religious right’s ongoing crusade to privilege Christianity at the expense of true religious freedom for all.”
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