The Wisconsin-based atheist group that sued to stop the Forest Service from permitting a statue of Jesus on the side of Big Mountain says it will appeal the case to the Ninth Circuit Court of Appeals.

The Freedom From Religion Foundation filed notice Aug. 22 that it will appeal the June 24 U.S. District Court ruling that allowed the statue to remain in place near Chair 2 at Whitefish Mountain Resort.

The statue has been maintained at that location on Forest Service land by the Knights of Columbus for about 60 years and is considered a memorial to World War II veterans.

The foundation claims permitting the statue to remain there is in violation of the Establishment Clause of the First Amendment to the U.S. Constitution that provides for the separation of church and state.

U.S. District Judge Dana Christensen ruled against the foundation earlier this summer, giving the green light for the Forest Service to re-issue a 10-year permit for the statue.

Christensen said the statue’s presence does not convey to a reasonably informed observer that the government, rather than a private party, endorses Christianity over any other faith or the absence of faith.

The Flathead Forest initially denied a permit to the Knights of Columbus and called for removal of the statue. That decision was suspended after public outcry, and the issue was opened to public review. Forest officials reauthorized a special-use permit last year after about 95,000 comments were received during an environmental analysis for the permit.