Lehigh County tells appeals court cross on county seal is historical, not religious
A lawyer for Lehigh County argued Friday that the U.S. Supreme Courts most recent decision on the separation of church and state should be used to decide whether the countys seal featuring a large cross violates the Constitution by endorsing Christianity over other religions.
The 2014 decision upholding a New York town councils practice of inviting local clergy to lead prayers before meetings said religiosity in public life should be considered in a historical light to determine if it violates the First Amendments ban on establishing an official government religion. If the Founding Fathers would have been OK with it, praying before a government meeting is acceptable now, the court said.
Attorney Eric Baxter said Friday thats the standard the 3rd U.S. Circuit Court of Appeals should use as it considers whether to reverse U.S. District Judge Edward G. Smiths decision finding the county seal violates the constitutions Establishment Clause. Smith last year ordered Lehigh County to stop using the seal, which has adorned government buildings, vehicles and documents for decades.
Lawyers representing a group of Lehigh County residents who objected to the seals prominent canary yellow cross said Smith got it right when he said in September 2017 its use serves no secular purpose and could be seen by a reasonable person as government endorsement of Christianity. The objecting residents are backed by the Wisconsin-based Freedom From Religion Foundation.
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