The home for a six-foot-statue known as Big Mountain Jesus rests with a three-judge appeals panel after a lawyer representing a group of atheists asked for it to be removed from U.S. Forest Service property in Montana.

A federal district judge in 2013 said the Flathead National Forest could reissue a 10-year permit for the statue that has stood along a ski run since 1954.

In hoping to get that decision reversed, attorney Rich Bolton told the 9th U.S. Circuit Court of Appeals panel Tuesday that the statue violates the constitutional prohibition on Congress making any law regarding an establishment of religion.

U.S. Justice Department attorney Joan Pepin countered by saying the statue has local historical significance, and the U.S. Forest Service wasn't endorsing a religion in granting a permit.