Federal judge orders the removal of cross from public park in Florida

A federal judge has ordered the removal of a 34-foot cross that has been on display at a public park in Pensacola, Florida for almost half a century.

On Monday, Judge Roger Vinson ruled that the cross at Bayview Park was unconstitutional and must be removed within 30 days.

According to WEARTV, the lawsuit seeking the removal of the cross was filed in 2016 by Amanda Kondrat'Yev, along with three other plaintiffs, claiming that the display was offensive to non-Christians.

In 1941, a wooden cross was placed in the easter corner of the park to commemorate the first annual Easter Sunrise Service held there. The wooden cross was replaced with a concrete one by the Pensacola Jaycees in 1969.

In his 23-page order, Vinson explaining his ruling, but he expressed disapproval of the law he is upholding.

"After about 75 years, the Bayview Cross can no longer stand as a permanent fixture on city-owned property. I am aware that there is a lot of support in Pensacola to keep the cross as is, and I understand and respect that point of view. But, the law is the law," he said.

In the order, the judge raised the issue of separation of church and state saying, "the historical record indicates that the Founding Fathers did not intend for the Establishment Clause to ban crosses and religious symbols from public property. Indeed, 'the enlightened patriots who framed our constitution' would have most likely found this lawsuit absurd. And if I were deciding this case on a blank slate, I would agree and grant the plaintiffs no relief. But, alas, that is not what we have here."

The judge pointed to several older court cases to explain why the cross ultimately violates the First Amendment.

Vinson ruled that the Bayview cross fails the "lemon test," a three-part legal test which states that a religious display can only be deemed constitutional if it has a secular purpose, does not advance or inhibit religion, and does not excessively entangle government with religion.

He noted that the display fails the first prong of the Lemon test because the Latin cross has been recognized as a universal symbol of Christianity and it has never had any secular purpose.

However, Vinson clarified that the cross does not have to be removed if the city sold or leased the area surrounding it to a private party or non-governmental entity. He further noted that it would not be unconstitutional if worshipers used a temporary cross for their sunrise Easter services.

The city pays an average of $233 a year to keep the cross clean, painted and illuminated at night.

Fox 10 reported that the site of the display is also a popular spot for church services and remembrance services. Easter services and services for Memorial Day and Veteran's Day have been held at the cross' amphitheater. During these services, flowers are placed at the foot of the cross in honor of loved ones.