A federal appeals court has upheld a ruling declaring that the cross in Pensacola’s Bayview Park is unconstitutional, but two of the judges who made the ruling called on the U.S. Supreme Court to fix the court’s precedent.

In a unanimous ruling Friday, three U.S. 11th Circuit Court of Appeals judges ruled to uphold the lower court’s ruling that the city maintaining a cross in a public park was unconstitutional, and the cross must be removed.

The judges said in the ruling that they were “constrained” by existing precedent.

More:Bayview Park cross ruled unconstitutional, must be removed in 30 days

Two of the judges wrote additional individual opinions arguing the ruling needed to be changed by a full hearing with all the judges who make up the 11th Circuit Court of Appeals or by the U.S. Supreme Court.

Both of the judges argued the precedent set by the case American Civil Liberties Union of Georgia v. Rabun County Chamber of Commerce in 1983 was wrong, but the judges were bound to it.

The American Humanist Association and the Freedom From Religion Foundation filed a lawsuit against the city of Pensacola in 2016 on behalf of four Pensacola residents who wanted the cross to be removed.

Citing the Rabun case, U.S. District Court Judge Roger ruled in June 2017 that the cross violated the Establishment Clause, which creates separation of church and state. He ordered the cross to come down in 30 days.

More cross coverage:

• Attorneys argue Bayview Park cross is 'easy' decision, needs to be removed​​​​​

• Pensacola has spent more than $130,000 to defend Bayview Park cross

• Bayview Park cross ruling sparks strong reaction

The Becket Fund law firm offered to appeal the ruling for the city for free, and Vinson suspended his order, pending the city's appeal in the 11th Circuit Court of Appeals.

The two sides argued their cases before the appeals court in May.

After Friday's ruling, the Becket Fund issued a press release saying the city of Pensacola will appeal.

“This cross is more than a religious symbol,” said Mayor Ashton Hayward, in the press release. “It’s an important part of our city’s history and culture — just like many other monuments celebrated throughout Pensacola’s parks. To tear down this symbol just because a few are offended by it shows hostility to religion, not neutrality. The city looks forward to being vindicated on appeal — as the majority of the court said it should be.”

The city has 14 days to ask for a rehearing or 90 days to appeal the ruling to the Supreme Court.

Jim Little can be reached at jwlittle@pnj.com or 850-208-9827.