Fox News spokeswoman Anastasia Burton noted that it was the first time Montana has taken a position in the court battle.

The following press release by Liberty Institute explains the history of the suit:

For nearly 60 years, the Knights of Columbus of Kalispell, Montana, have owned and maintained the Tenth Mountain Division Veterans Memorial located on Big Mountain. But in 2012 the Freedom From Religion Foundation (FFRF) attacked this cherished memorial with a lawsuit. This week Liberty Institute took legal action to help counter this dangerous assault.

The American Legion, represented by Liberty Institute, and the State of Montana, filed a friend-of-the-court brief in the U.S. Court of Appeals for the Ninth Circuit in support of preserving the memorial.

Former members of the Tenth Mountain Division were pioneers of the modern day ski industry and thought a ski mountain was a fitting place for such a veterans' memorial. In 1953, the Kalispell Knights of Columbus, many of whom were Tenth Mountain Division veterans, sought and obtained a special use permit from the U.S. Forest Service to erect a veterans' memorial.

The U.S. Forest Service renewed the Kalispell Knights' special use permit without issue for nearly six decades. Then, in August 2011, the Forest Service denied the Kalispell Knight's permit renewal application. But after an outpouring of public support for the veterans' memorial, the government reversed its decision and granted the special use permit, allowing the memorial to remain in place for at least 10 more years.

The Freedom From Religion Foundation sued the U.S. Forest Service for renewing the permit, arguing that the statue's presence is unconstitutional. In 2013, a United States District Court judge ruled in favor of the veterans' memorial. The Freedom From Religion Foundation appealed their loss to the Ninth Circuit U.S. Court of Appeals. This caused yet another outpouring of support for the veterans' memorial. This time the State of Montana and The American Legion, which represents approximately 2.4 million members, joined the fight to save the Tenth Mountain Division Veterans Memorial.

"The removal of the Tenth Mountain Division Veterans Memorial would be an insult to Montana's Tenth Mountain Division veterans," said Liberty Institute General Counsel Jeff Mateer. "It would also undercut The American Legion's ability to honor those who have and continue to serve in our nation's armed forces."

Mateer continued, "Removing this memorial simply because it is a statue of Jesus is contrary to Supreme Court precedent in that it would be censorship of the Kalispell Knights' private speech."

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