#BREAKING: The 11th Circuit just ruled that the #BayviewCross, which has stood in a @CityofPensacola park for almost 80 years, is allowed to STAY! This is a major victory for #ReligiousFreedom and an important new precedent: 1/ s3.amazonaws.com/becketnewsite/… 
@cityofpensacola The cross was erected by Pensacola citizens in 1941, just months before the US entered WWII. It has long been a gathering place for community events and it is a valued part of the city’s history and culture: becketlaw.org/case/kondratye… 2/
@cityofpensacola In 2016, an atheist group sued to remove the cross, saying it was offensive. (One plaintiff used the cross for his “Satanic rituals.” Another was recently sentenced to 15 days in prison for throwing a drink on a U.S. Congressman: pnj.com/story/news/201…) 3/
@cityofpensacola After a judge ruled that the cross must come down, @BECKETlaw defended the City free of charge. We argued that the Constitution doesn’t force the government to strip religious symbols from the public square: s3.amazonaws.com/becketnewsite/… 4/
@cityofpensacola @BECKETlaw Today, the 11th Circuit ruled that “Pensacola’s maintenance of the Bayview Park cross does not violate the First Amendment.” In other words, the cross can stand. This ruling is an important precedent in several respects: s3.amazonaws.com/becketnewsite/… 5/
@cityofpensacola @BECKETlaw #1: This is one of the first decisions interpreting the Supreme Court’s new guidance on religious symbols from American Legion v AHA (where #SCOTUS also upheld a cross). So it will be influential: supremecourt.gov/opinions/18pdf… 6/
@cityofpensacola @BECKETlaw #2: The 11th Circuit said “Lemon is dead” in “cases involving religious displays.” This is huge (and correct). Much mischief has come from the notorious “Lemon test,” and we can now say, “Goodbye!” 7/
@cityofpensacola @BECKETlaw #3: The court emphasized “that history and tradition play a crucial role in Establishment Clause analysis.” Replacing Lemon with a historical analysis is a big improvement, as I explained for @FedSoc here: 8/
@cityofpensacola @BECKETlaw @FedSoc #4: The court follows American Legion by applying a presumption of constitutionality for longstanding religious displays and upholding the cross. Expect more results like this in other cases involving longstanding displays: cato.org/sites/cato.org… 9/
@cityofpensacola @BECKETlaw @FedSoc #5: Two judges concurred, noting that letting plaintiffs sue merely because they’re “offended” by a symbol is "just plain wrong." This issue of “standing” may be the next frontier in religious-symbol cases. More here: s3.amazonaws.com/becketnewsite/… 10/
@cityofpensacola @BECKETlaw @FedSoc Bottom line: Atheist groups that make bank by suing over harmless religious symbols are going to have to find a new line of work and learn to look the other way. fin/
