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Appeals court hears case over use of state grant to refurbish 111-foot Ill. cross

The Bald Knob Cross for Peace in Alto Pass, Ill. in 2008.
(via Wikimedia Commons
/
Garrand Carroll)
The Bald Knob Cross for Peace in Alto Pass, Ill. in 2008.

Judges on a Chicago federal appeals court say even if a giant cross in southern Illinois is a religious symbol, that doesn't mean the state legislature was wrong to fund part of it.

The 7th Circuit Court of Appeals on Wednesday heard the appeal of Rob Sherman involving a $20,000 state grant used to refurbish the 111-foot Bald Knob Cross for Peace in Alto Pass.

Sherman argues that using taxpayer money for the cross is unconstitutional.

But judges say they don't see clear evidence that the state tried to violate the Constitution's ban on the establishment of a state religion. Judge Richard Posner says courts "can't do everything."

They did not rule on the case Wednesday. A lower court had dismissed Sherman's lawsuit over the grant.