See Why A Federal Judge Ruled This PA County's Seal Unconstitutional

A federal judge has ruled that the inclusion of the Christian cross in the Lehigh County seal, which has been in place since 1944, is unconstitutional.

The decision comes after the Freedom from Religion Foundation filed a lawsuit in U.S. District Court in Aug. 2016, stating that the seal shows that the county is endorsing a specific religion.

In his decision, Smith cited the Establishment Clause of the First Amendment, which states that local governments cannot make laws that establish religion.

"The undisputed facts demonstrate that the county's original purpose for including a cross on the seal is not secular," Smith wrote. "The county's stated reason for retaining the seal in 2015 was to honor its original settlers who were Christian, and the county clarified that it based this reasoning on an interpretation of (the seal's designer) Commissioner Hertzog's statements."

Activists have been fighting to have the cross removed from the seal in separate court cases since 2014. The Foundation represented four local residents who objected to seeing religious symbolism on government property.

Lehigh County Commissioners and defenders of the seal argued that it should been seen from a historical perspective, and, as Smith noted, that its purpose was to honor some of the first settlers in the area.

The Freedom from Religion Foundation called Smith's decision in their favor "begrudging" because Smith said that seal was not forcing any residents to adopt a particular faith. Smith noted, however, that the cross "dwarfs" other symbols on the seal and does demonstrate an explicit government endorsement of one faith. He also added that the number of years which the seal has represented Lehigh County has nothing to do with its constitutionality.

The seal's removal was not immediately ordered as the court awaits an injunction from the Foundation on how they wish to move forward. The Foundation said they would like the county to design a more inclusive seal. The present seal is located on buildings, flags, websites, and letterhead across the county.

Image via US Attorney's Office