Century-old cross, Nativity can remain in Los Angeles despite atheist's objections: 9th Circuit

Los Angeles is free to keep displaying a nearly century-old cross and Nativity scene in one of its historic districts after a federal appeals court upheld a lower court’s refusal to order the displays removed, a decision a religious liberty law firm is praising as “common sense.”

The 9th U.S. Circuit Court of Appeals on Monday declined to reverse a district court decision denying Jack Gerritsen’s request to remove a wooden cross and Nativity scene from Olvera Street in Los Angeles’ historic El Pueblo district.

"The district court did not abuse its discretion in denying Gerritsen’s motion for a preliminary injunction because Gerritsen failed to establish the requirements for such relief," the court reasoned. 

Andrea Butler, an attorney with the religious freedom legal organization Becket, called the ruling "common sense" that the "City of Angels has room for religious symbolism." Becket, representing Olvera Street merchants “whose families have been part of El Pueblo for generations,” filed a motion to intervene — a request to join the case — to ensure the cross and Nativity scene can remain on display.

“Los Angeles belongs to people of every faith and none, and its public square naturally bears the marks of that diversity," Butler said in a statement. 

“Religious imagery is a natural part of our nation’s history and culture — it shouldn’t be pulled down just because one passerby dislikes it,” Butler continued. “The Constitution doesn’t require Los Angeles to erase historical landmarks just because they reference religion. We’re glad the court agreed.”

The 9th Circuit’s ruling comes more than a year after Gerritsen, an atheist, filed a complaint in the U.S. District Court for the Central District of California over the cross and Nativity scene in the district. Gerritsen and his co-plaintiff alleged that the displays violate the First Amendment’s Establishment Clause, which bars the government from establishing an official religion.

The complaint also raised broader grievances about the plaintiffs' attempts to distribute “handbills” in the historic district. 

In February 2026, the plaintiffs asked the court for a preliminary injunction — an order that would have blocked the city from displaying the cross and Nativity scene while the case proceeded.

He cited the displays as a source of “offense and a sense of exclusion as a non-believer.” The district court denied the request in May 2026.

In its opinion, the district court cited the U.S. Supreme Court’s 2019 decision in American Legion v. American Humanist Association as one of many reasons the El Pueblo displays were likely constitutional. In that case, the high court ruled that a nearly century-old cross on public land in Maryland, built to commemorate World War I soldiers, did not violate the Constitution.

“The cross and nativity now at the center of the lawsuit have long been part of El Pueblo’s history and traditions," Becket stated in its announcement. "The 10-foot wooden cross was erected at the head of Olvera Street in 1929 to commemorate Los Angeles’ 148th birthday, while the nativity is displayed each December alongside the community’s traditional Las Posadas celebration.”

Following Monday’s decision, the matter now returns to the district court for a “final decision on the case.”