Hiram Sasser, a lawyer for the Liberty Institute, a conservative legal advocacy group, said that because the ski resort is already leasing much of the mountain from the Forest Service, the federal government has no right to ban the statue merely because some people might not like it.
“When the government allows its property to be used for various purposes, like a ski resort, then they open it up to public expression, and they can’t exclude a memorial based on religious grounds,” said Mr. Sasser, whose group is representing the Kalispell chapter of the Knights of Columbus in the dispute.
Caught in the middle of the controversy is the Forest Service, which initially denied the Knights’ renewal application in August, on the grounds that it no longer allowed private memorials of any sort on national forestland.
But after the ensuing outcry, and a determination that the site is eligible for listing in the National Register of Historic Places, it decided to reconsider and is taking public comments on the statue.
“This is a pretty unique situation,” said Jim Peña, acting deputy chief for the national forest system. “Because of the historic and cultural significance of the statue, we’re going to have to relook at it and figure out the right way to go.”
Meanwhile, United States Representative Denny Rehberg, a Montana Republican, has hurled himself into the debate, speaking at rallies for the statue and proposing swapping the 25-foot-by-25-foot piece of land for a parcel owned by the ski resort.
“Would we take the crosses and Stars of David out of Arlington Cemetery?” Mr. Rehberg, who is running for the Senate seat held by Jon Tester, a Democrat, said in an interview. “I don’t think so.”
