In 1944, the Lehigh County Board of Commissioners adopted the Lehigh County Seal. The Seal includes a Latin cross along with several secular symbols honoring various aspects of the history of Lehigh County. For 70 years the Seal displayed the Latin cross without complaint or controversy.
In 2014, the Freedom From Religion Foundation requested that the County remove the Latin cross from the Seal, contending that it violated the Establishment Clause of the First Amendment. The Board of Commissioners unanimously refused to remove the Latin cross from the Seal, viewing the Latin cross not as an endorsement of religion, but rather as one of the many different symbols on the Seal which honor the rich history of Lehigh County.
In 2016, the Freedom From Religion Foundation filed suit against Lehigh County in federal court and sought an injunction stopping the County from displaying a Latin cross on the Seal. On September 28, 2017, Judge Edward Smith issued his decision. Judge Smith found that under the current law the County Seal violates the Establishment Clause, but noted that, in his opinion, the current law does not comport with the text of the Establishment Clause.
On October 11, 2017, the Board of Commissioners, by a vote of 6-3, approved the filing of an appeal to the Third Circuit Court of Appeals.
The Home Rule Charter permits the County to retain special counsel. On October 25, 2017, the Board of Commissioners heard presentations from two well-qualified and nationally-recognized law firms specializing in religious liberty cases. By a vote of7-1, the Board of Commissioners voted to retain The Becket Fund for Religious Liberty to represent the County in its appeal to the Third Circuit Court of Appeals.
The Becket Fund, based in Washington D.C., is a non-profit and nonpartisan law firm which will represent the County at no charge. The Becket Fund specializes in appellate work and has an excellent record of success in both the Third Circuit Court of Appeals and the Unites States Supreme Court.
Press Release From – Lehigh County Commissioners
Mike Schware, Lehigh County Commissioner Thomas C. Creighton, Lehigh County Commissioner Percy H. Dougherty, Lehigh County Commissioner Marty Nothstein, Lehigh County Commissioner Brad Osborne, Lehigh County Commissioner
Information provided to TVL by:
COUNTY OF LEHIGH
Office of the Commissioners
Government Center 17 South Sevent/r Street
Allentown, Pennsylvania 18101-2401
Phone: 610-782-3050
http://www.lehighcounty.org
