Freedom From Religion Foundation sues Lehigh County to remove cross from county seal

Jardine Malado Sunday, August 21, 2016

The Freedom From Religion Foundation (FFRF) along with four residents filed a lawsuit against Lehigh County in Pennsylvania, seeking to remove the Latin cross from the official county seal and flag. The group claimed that the use of the symbol in the flag and other government property violates the First and 14th Amendment of the U.S. Constitution.

A Latin cross is shown in this photo. | Wikimedia Commons/Billy Hathorn

The FFRF and the four residents, Stephen Meholic, David Simpson, John Berry and Candace Winkler, filed the suit on Tuesday, Aug. 16. The complainants are requesting the district court to declare the use of the Latin cross on the seal and flag as unconstitutional and issue a permanent injunction against displaying the seal. The group is also demanding compensation for "injury to their constitutional rights" and costs including attorney's fees.

In their complaint, the FFRF highlighted the religious significance of the cross and included email excerpts from other residents to the Board of Commissioners urging them not to remove the symbol.

One email reads: "I would like to encourage you and your office to stand firm on the use of your seal. As I understand it, you've been using this since 1940. A cross is a religious symbol and this country was founded on religious freedom. The absence of religion is not the same thing as religious freedom."

Local members of the FRFF believes that the symbol is effectively an endorsement of Christianity and ignores the diversity of the population. "Lehigh County is not a Christian county, it should be equally welcoming to all its citizens regardless of their religion or their reject of religion. A redesign to comply with the Constitution is imperative," said FFRF Co-President Annie Laurie Gaylor.

The FRFF initially sent letters to the county requesting a new seal in November 2014 and January 2015. County officials held three closed-door sessions with the group to discuss possible solutions. In a meeting held in March 2015, the commissioners read a draft of a letter to the FRFF emphasizing the historical significance of the symbol honoring the first Christian settlers.

Part of the letter reads, "It is the position of Lehigh County that the presence of the cross on the seal, among other items of historical significance, has the secular purpose of recognizing the history of the county." The county officials have not yet issued an updated statement about the litigation.