Appeals Court Upholds Display of Historic Cross and Nativity in Los Angeles

The 9th U.S. Circuit Court of Appeals has ruled that a nearly century-old cross and Nativity scene may remain on display in Los Angeles’ historic El Pueblo district. The court affirmed a lower court’s decision to deny a preliminary injunction requested by Jack Gerritsen, an atheist who argued that the religious displays violate the First Amendment’s Establishment Clause. The appellate judges concluded that the plaintiff failed to meet the necessary legal requirements to justify the removal of the landmarks while the litigation continues.

The legal challenge, filed over a year ago, also included grievances regarding the distribution of handbills in the area. The religious liberty law firm Becket intervened in the case on behalf of local merchants, arguing that the displays are a significant part of the city's history and cultural heritage. Following the ruling, Becket attorney Andrea Butler stated that the decision reflects a common-sense approach to religious symbolism in the public square, asserting that the Constitution does not mandate the removal of historical landmarks simply because they reference religion.