Atheist group appeals District Court ruling

The Freedom From Religion Foundation is appealing a U.S. District Court ruling that allowed a statue of Jesus to remain on national forest land on Big Mountain.

The Wisconsin-based organization filed its notice Friday, the last day it was eligible to do so since the June 24 District Court decision, said Charlie Harball, a Kalispell attorney who has been involved with the case through his association with the Kalispell Knights of Columbus.

The foundation had challenged the legality of the statue because it is located on a small parcel of national forest land above Chair 2 at Whitefish Mountain Resort. The Knights of Columbus have maintained the statue for the last 60 years.

The foundation maintained the statue violated the Constitution’s Establishment Clause, but U.S. District Judge Dana Christensen disagreed.

“Leasing public land within a private ski resort to a private organization that maintains a statue of Jesus does not violate the Establishment Clause,” he ruled, referring to the Constitution’s assurance that the state shall not establish a religion.

“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,” the federal court in Missoula decided.

Harball said it could take years for the 9th Circuit Court of Appeals to consider the case.