ACLJ & 70,000 Urge Feds to Keep Montana War Memorial in Place

December 1, 2011

4 min read

American Heritage

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(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, today urged the National Forest Service on behalf of more than 70,000 concerned individuals to renew a lease on a Montana mountain, clearing the way for a World War II memorial - a statue of Jesus - to stay in place despite opposition from an atheist organization.

"This memorial has been a part of the history and heritage of that region for nearly 60 years," said Jay Sekulow, Chief Counsel of the ACLJ. "For the federal government to succumb to the intimidation tactics of an organization with a flawed view of the Constitution is not only disturbing, but inappropriate as well. The law is clear: this statue does not create a constitutional crisis. The statue's setting does not convey any government religious endorsement of religion. It is a historically important memorial designed to commemorate the sacrifice made by those killed in World War II. This issue has resonated well beyond Montana, with more than 70,000 concerned individuals signing on to our letter to the federal government urging that the lease be renewed and the statue remain in place."

The statue of Jesus was put in place on Big Mountain at the Whitefish Mountain Resort in Montana in the 1950's by WW II veterans who were also members of the Knights of Columbus. The veterans were inspired by monuments they saw in the mountains of Europe during the war. The statue of Jesus, they said, was put in place to commemorate the service of local WW II veterans - a war memorial.

Now, the Freedom From Religion Foundation (FFRF) - an atheist group that has challenged the National Motto, the National Day of Prayer and the Pledge of Allegiance - is challenging the display. The group called the Montana memorial "a ruse and a sham" and is urging the National Forest Service to end a long-standing lease - a move that would force the display to be removed. The government initially agreed with FFRF to end the lease. But a massive public outcry ensued, and the government put that decision on hold - reopening the issue to public comment.

In a letter being sent today to the federal government, representing more than 70,000 concerned individuals, the ACLJ urges the Forest Service to renew the lease saying the display is an important historical memorial.

The ACLJ cites numerous Supreme Court and appeals court decisions that underscore the legal argument that the Montana display is constitutional. The ACLJ argues that removal of the statue could actually convey disrespect for the brave soldiers it was meant to honor and send a signal that the government is not neutral, but actually hostile on matters of religion - something the Constitution specifically prohibits.

"The statue's history and purpose, its longevity, and its setting all support the conclusion that no reasonable observer could think that renewing the Knights of Columbus' special use permit would be an unconstitutional endorsement of religion," the letter contends.

The ACLJ letter, posted here, notes that the Montana Historical Society recognizes that the statue "has long been a part of the historic identity of the area" and remains "a local land mark" making it "a historic part of the resort."

The ACLJ is also countering intimidation tactics being used by atheist groups in an attempt to pressure the Marine Corps to take down a cross memorial at Camp Pendleton and the U.S. Army's decision to remove a cross displayed outside a chapel at a military base in Afghanistan. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice is based in Washington, D.C.