In a 2-1 ruling, the U.S. Court of Appeals for the 4th Circuit said the 40-foot-tall memorial maintained with thousands of dollars in public funds “has the primary effect of endorsing religion and excessively entangles the government in religion.”

The ruling by the three-judge panel does not mean the monument must be immediately removed from public land.

Supporters of the memorial, known as the Peace Cross, said the decision sets a “dangerous precedent” and vowed to appeal to the Supreme Court.