Los Angeles County removed a cross symbol from its official seal. Plaintiff, a county employee, alleged in a section-1983 claim that the removal of that cross conveyed hostility to Christians, thereby violating the Establishment Clause through the Fourteenth Amendment. On May 15, 2007, a Ninth Circuit panel affirmed the district court's order dismissing the complaint with prejudice.
The appellate court determined that plaintiff had standing because he alleged he was forced to have direct daily contact with the a-religious seal (without the cross) and thus alleged a legally cognizable injury. "Affirmative avoidance" of an a-religious symbol is not a necessary allegation to challenge governmental action under the Establishment Clause. "Spiritual harm" is a legally cognizable injury sufficient to confer Article III standing. In so holding, the Ninth Circuit joined the majority of federal circuits that have addressed that issue.
The Ninth Circuit panel affirmed the trial court's order dismissing the action with prejudice on a summary-judgment motion. The panel addressed the substance of the claim under the 3-part test in Lemon v. Kurtzman, 403 US 602 (1971) and subsequent cases. The case was dismissed without leave to amend.
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