Louisville Courier-Journal on the Petition to the U.S. Supreme Court
November 20, 2012 Leave a comment
An article on the Kentucky Homeland Security case now appears in the Louisville Courier-Journal.
Legal action from American Atheists, www.atheists.org
November 20, 2012 Leave a comment
An article on the Kentucky Homeland Security case now appears in the Louisville Courier-Journal.
February 26, 2011 1 Comment
Written by Peter Smith
FRANKFORT, Ky. — According to the lawyers on opposing sides, the decision should be as easy as either affirming what everybody learns in grade school or dismissing a profession of faith in the “Flying Spaghetti Monster.”
But it won’t be easy for the ones who actually have to decide the issue, according to the head of a three-judge panel of the Kentucky Court of Appeals.
The panel heard oral arguments Thursday over whether Kentucky law can mandate that the state declare its reliance upon “Almighty God” for its safety and security.
“The court is struggling with a difficult decision,” Senior Judge Ann O’Malley Shake said Thursday morning after lawyers quoted numerous court precedents that either allow or restrict the expressions of religion in the government sphere.
“The distinctions have been drawn with difficulty over the years, and will be in this case, I’m sure, as well,” Shake said.
At issue are laws passed in 2002 and 2006 — after the terrorist attacks of Sept. 11, 2001.
A 2002 “legislative finding” says the “safety and security of the commonwealth cannot be achieved apart from reliance upon Almighty God.”
And a 2006 act creating the state Office of Homeland Security requires its executive director to publicize this “dependence on Almighty God” in agency training and educational materials and through a permanent plaque at the entrance to its emergency operations center.
Ten Kentucky residents — one of whom has since died — filed suit in 2008 to challenge the law after it received publicity for the first time.
The appeals panel was hearing an appeal of Franklin Circuit Court Judge Thomas Wingate’s ruling in 2009 that declared the law to have “created an official government position on God,” in violation of the Kentucky and U.S constitutions.
But Special Assistant Attorney General Tad Thomas said there are more than 200 years’ worth of court decisions saying that governments have the right to make references to God in their documents. He cited the national motto, “In God We Trust,” and the Declaration of Independence’s opening words that people “are endowed by their Creator with certain unalienable rights.”
“We have all heard these words since grade school,” Thomas said. He added that it would be “irrational” to interpret the Kentucky constitution’s section on religious freedom as barring references to God when the current version of the constitution itself contains such a reference.
Shake pointed out that the state’s emergency-management laws, which include the statutes in question, carry a misdemeanor charge for anyone who violates them. She questioned what would happen if an atheist became executive director of the Office of Homeland Security and balked at requirements to post the plaque and annual reports crediting Almighty God.
But Thomas said the law doesn’t require anyone to profess trust in Almighty God — it only reflects the statement of the legislators who passed the Homeland Security laws.
“It does not require the executive director to hold those beliefs,” he said.
He said the Homeland Security director serves at the governor’s pleasure and that it would be up to the governor to deal with a director who refused to credit Almighty God.
But Edwin Kagin, the national legal director for the group American Atheists, said the law’s intent was clear.
“Not religious?” he asked. “They have to be kidding. Of course it’s religious. It is part of a years-long attempt by the religious right in this commonwealth to violate the Constitution of the United States (and of Kentucky). … If it is simply harmless as they say, why are they making such a fuss out of it? Why not take (the plaque) down?”
He said if the law professed reliance on the Flying Spaghetti Monster — a fictional deity recently invented by a group of religious skeptics — “it would be obvious to everyone that this was improper and nonsensical.”
Kagin cited the Supreme Court’s 2005 decision barring displays that include the Ten Commandments in McCreary County, Ky., as allowing courts to consider whether lawmakers’ had religious intentions in passing a law. He said that motivation was clear in a friend-of-the-court brief filed by 96 of the state’s 100 states representatives in support of the belief that the United States is a “Christian nation.” Thirty-five of the 38 state senators signed on to a similar brief.
Thomas cited another Ten Commandments case — in which the 6th Circuit Court of Appeals upheld a display in Mercer County, Ky., — as affirming “200 years of U.S. Supreme Court jurisprudence that says government has every right to acknowledge the existence of an Almighty.”
Judge Thomas Wine questioned why the law declared faith in one God rather than including various deities. Thomas cited the long history of government documents referring to a single God.
Also serving on the panel was Judge Laurance VanMeter.
Shake said the panel would decide the matter as quickly but as carefully as it could.
Reporter Peter Smith can be reached at (502) 582-4469.
February 24, 2011 Leave a comment
http://www.kentucky.com/2011/02/24/1647006/ky-appeals-court-set-to-hear-god.html#more
By BRETT BARROUQUERE — Associated P ress
FRANKFORT, Ky. — A three-judge panel is weighing questions of God, public safety and whether putting the two in the same law amounts to a state’s establishment of religion.
Judge Ann O’Malley Shake told attorneys the court would carefully consider the case and expedite a decision.
At issue is Franklin Circuit Judge Thomas Wingate’s 2009 ruling that the phrase violates the U.S. and Kentucky constitutions of state-established religion. The law requires the Homeland Security director to post a plaque with the “Almighty God” reference in the department’s headquarters. Language in the 2006 legislation was inserted by state Rep. Tom Riner, D-Louisville, a pastor of Christ is King Baptist Church in Louisville.
Attorney Tad Thomas, representing the state, said the reference doesn’t necessarily make it a religious document.
“The secular purpose is asking for assistance in defense of the Commonwealth,” Thomas said.
Thomas said courts have consistently upheld that some references to God by government are permissible.
“So, how does this court distinguish between what is permissible and what is impermissible?” Shake asked.
Thomas also noted speeches made by presidents over 200 years.
“Since George Washington, every president in their inaugural speech referenced a deity to help assist and protect the nation,” Thomas said.
Attorney Edwin Kagin, who represented Michael Christerson and American Atheists Inc., said the language clearly calls for a reliance on God, making it an impermissible reference to religion.
“What if it said, ‘apart from reliance on the Flying Spaghetti Monster?'” Kagin said. “Then we would realize it is improper.”
Kagin also took exception to a brief filed by 35 state senators and 96 representatives urging the court to uphold the law, passed in response to the Sept. 11 attacks.
On rebuttal, Thomas said the founding fathers weren’t trying to ban all religious involvement in government, but rather the establishment of a single, state-sponsored church.
“This comes nowhere near it,” Thomas said.
Shake posed a question not addressed by the law.
“What if you had an executive director (of Homeland Security) who is an atheist?” Shake asked.
Thomas said that would raise “a whole set of issues,” but noted that the Homeland Security director is appointed by the governor, who would likely have to tackle the problem.
“I guess it would be up to the governor to take action,” Thomas said.
Read more: http://www.kentucky.com/2011/02/24/1647006/ky-appeals-court-set-to-hear-god.html#more#ixzz1EuvF75sT
October 6, 2010 Leave a comment
The website ReligiousTolerance.Org has a history of the American Atheist suit against the KY Homeland Security law. The site provides background information, links to media sources, and some analysis, including the following quote:
These laws are obviously in conflict with the First Amendment of the U.S. Constitution, and thus are unconstitutional. It has the state teaching not only that God exists, but that it is Yahweh mentioned in the Bible. During their oath of office, each of the legislators promised to follow the state and federal Constitutions. However, there were apparently sufficient legislators willing to violate their oath of office and pass the bill.
The website quotes Edwin Kagin, the National Legal Director for American Atheists, Ed Buckner, former American Atheists President, and State Rep. Tom Riner (D-Louisville), who is also a Baptist minister.
October 28, 2009 1 Comment
Louisville Mayor Jerry Abramson was today’s guest on the National Public Radio (NPR) program State Of Affairs. Abramson is also the Democratic candidate for Lieutenant Governor, running with incumbent Governor Steve Beshear.
I took the opportunity to call in and ask his opinion of the KY Homeland Security law and what he would do if he were governor. His response surprised me: “Is this a federal or state law?”
I informed him it was a state law. He then added that he would have to research the issue and could not provide an answer based upon my little “snippet.” I will send an email to his office and request his response after his research is complete.
On the positive side, you could infer from his comments that he supports separation of church and state.
To hear all of the interview with Abramson, click the link below. Then click “Listen to the show.” You can either save the mp3 file to your computer or listen to it with an mp3 application. My question is in the middle of the interview.
Posted using ShareThis
September 15, 2009 1 Comment
I will quote the text of an editorial from the Lexington Herald-Leader that you may also read at this webiste: http://www.kentucky.com/591/story/935968.html.
Public Policy or Plain Politics
As a sitting attorney general who is also a candidate for the seat being vacated by U.S. Sen. Jim Bunning’s retirement, it is imperative that Jack Conway keep the latter role from affecting his performance in the former.
Throughout the ongoing campaign, every action Conway takes in his official capacity, every opinion his office issues and every case it decides to pursue will be analyzed for potential political impact.
That is the reality he created for himself when he entered the Senate race.
And it is within the framework of that reality that his office’s questionable decision to file an appeal in a religious freedom case must be judged.
At issue is a 2006 statute that required the state Department of Homeland Security to stress in its official reports “dependence on Almighty God as being vital to the security of the commonwealth.”
Franklin Circuit Judge Thomas Wingate recently ruled that the statute violates the First Amendment’s protection of religious liberty.
“This is the very reason the Establishment Clause was created: to protect the minority from the oppression of the majority,” Wingate wrote. “The commonwealth’s history does not exclude God from the statutes, but it had never permitted the General Assembly to demand that its citizens depend on Almighty God.”
It was a reasoned, logical decision that seems likely to be upheld on appeal.
Conway’s office, which defended the statute at the trial level, should have recognized it as such. Instead, it chose to appeal.
At any other time, such a course of action might be criticized as no more than an unwise waste of time and resources.
But now, in the midst of a senatorial campaign, it also raises another question.
How much did Bible Belt politics factor into the decision to take this crusade for the “Almighty God” statute to Kentucky’s higher courts?
September 13, 2009 Leave a comment
My interview with Freethought Radio was broadcast today. You can hear the interview at http://airamerica.com/node/111658. On my laptop, the radio would play until the first commercial break at 6:30 and then it would go back to the beginning. If this happens to you, move the progress bar until it is after 6:30 and press play. I am interviewed at that time.
You will be able to download the podcast from http://ffrf.org/radio/podcast/ soon, but it is not there as of today, September 12.