9th Circuit Upholds Los Angeles' Right to Keep Historic Cross and Nativity Display
A federal appeals court rejected an atheist's request to remove a century-old cross and Nativity scene from Olvera Street, allowing the displays to remain.
Los Angeles can continue to exhibit a nearly 100-year-old wooden cross and an annual Nativity scene on Olvera Street after the 9th Circuit affirmed a district court’s denial of an injunction sought by atheist Jack Gerritsen. The appellate panel concluded that Gerritsen failed to satisfy the requirements for such relief, leaving the displays in place. Attorneys from the religious liberty group Becket, representing longtime merchants in the area, hailed the ruling as common-sense recognition of the city’s diverse heritage.
The district court had previously cited the Supreme Court’s 2019 American Legion decision as precedent supporting the constitutionality of historic religious monuments on public land. The cross, erected in 1929, and the Nativity, displayed each December, are considered part of El Pueblo’s longstanding traditions. Following the appellate decision, the matter will proceed back to the district court for a final resolution.
Why it matters
The ruling clarifies how historic religious symbols can be displayed on public property without violating the Establishment Clause.
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