An atheist says a federal appeals court decision to reject his legal challenge of an Illinois state grant that helped pay for the rehab of a towering southern Illinois cross won't stop his litigation. The Chicago based 7th US Circuit Court of Appeals has affirmed a lower court's ruling that Robert Sherman doesn't have standing to sue over the grant given to the 111-foot-high Bald Knob Cross of Peace near Alto Pass. Sherman argued that using taxpayer money for the cross was unconstitutional. The appeals court upheld a federal judge's ruling that the grant was made by the state's executive branch, and wasn't a designated legislative "earmark" as Sherman alleged. Sherman says his lawyers are reviewing his request that his appeal be taken to the US Supreme Court.
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