Los Angeles residents rally to keep historic cross and nativity display on public land
A federal court denied a lawsuit seeking removal of a century-old cross and seasonal nativity scene in Los Angeles, and local merchants are moving to defend the displays on appeal.
Jack Gerritsen, a self-identified freedom-of-expression activist, and Henry Frederick Ramey Jr. filed a federal suit demanding that Los Angeles remove a nearly 100-year-old hand-carved cross and a Christmas nativity scene, alleging they constitute government endorsement of Christianity. The district court dismissed the case, referencing the Supreme Court’s decision in American Legion v. American Humanist Association, which upholds longstanding religious symbols as constitutional.
The court also noted the nativity display, while not as historic, reflects a broader national and local tradition and does not breach the Establishment Clause. Gerritsen and Ramey have appealed the ruling. The Becket Fund for Religious Liberty has asked the Ninth Circuit to permit the Olvera Street Merchants Association Foundation to join the case, arguing that the displays are integral to the cultural heritage of the historic district. Merchants contend that the First Amendment does not grant individuals a veto over historical religious symbols.
Why it matters
The case tests how historic religious symbols are treated under the Constitution and impacts preservation of cultural heritage.
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