A black Mississippi citizen is taking his case against the state’s Confederate-themed flag to the U.S. Supreme Court.

In papers filed Wednesday, attorneys for Carlos Moore said lower courts were wrong to reject his argument that the flag is a symbol of white supremacy that harms him and his young daughter by violating the Constitution’s guarantee of equal protection to all citizens.

His attorneys wrote that under the 5th U.S. Circuit Court of Appeals’ ruling against Moore, “a city could adopt ‘White Supremacy Forever’ as its official motto; or a county could incorporate an image of white hooded figures and a noose hanging from a tree into its county seal; or a state could incorporate a Nazi swastika, as an endorsement of Aryan/white supremacy, in its state flag.”

Mississippi’s is the last state flag to feature the Confederate battle emblem. Critics say the symbol is racist. Supporters say it represents history.

Mississippi has used the flag since 1894, displaying its red field and tilted blue cross dotted with 13 white stars in the upper left corner. Voters kept it in a 2001 election.

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