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Dead Constitution
See other Dead Constitution Articles

Title: Judge Strikes Reference to God in Kentucky Law That Created The Kentucky Office of Homeland Security
Source: Associated Press
URL Source: [None]
Published: Aug 27, 2009
Author: Associated Press
Post Date: 2009-08-27 14:53:09 by Brian S
Keywords: None
Views: 2558
Comments: 91

Decision: Homeland Security's Dependence on "Almighty God" Akin to Establishing a Religion

(AP) It is one thing to trust in God, but quite another to be ordered to rely on protection from above during national emergencies, a judge has ruled.

Franklin Circuit Judge Thomas Wingate said in Wednesday's decision that references to a dependence on "Almighty God" in the law that created the Kentucky Office of Homeland Security is akin to establishing a religion, which the government is prohibited from doing in the U.S. and Kentucky constitutions. Ten Kentucky residents and a national atheist group sued to have the reference stricken.

"It is breathtakingly unconstitutional," said Edwin Kagin, national legal director for American Atheists Inc. in Union, "and Judge Wingate goes to great detail as to why it is."

The judge wrote in the 18-page ruling: "The statute pronounces very plainly that current citizens of the Commonwealth cannot be safe, neither now, nor in the future, without the aid of Almighty God. Even assuming that most of this nation's citizens have historically depended upon God, by choice, for their protection, this does not give the General Assembly the right to force citizens to do so now."

The language in the 2006 legislation had been inserted by state Rep. Tom Riner, D-Louisville, a pastor of Christ is King Baptist Church in Louisville.

Riner said he planned to ask Kentucky Attorney General Jack Conway to seek a reconsideration of the order. Conway has 10 days to do that, and 30 days to appeal.

"They make the argument ... that it has to do with a religion," Riner said, "and promoting a religion. God is not a religion. God is God."

A spokeswoman for Kentucky Attorney General Jack Conway says he has not yet decided whether to appeal.

The state Office of Homeland Security was created in response to the Sept. 11 attacks, Wingate said in the order, and two amendments added to the statute creating the office were at issue.

One required that training materials include information that the General Assembly stressed a "dependence on Almighty God as being vital to the security of the Commonwealth." The other required a plaque to be placed at the entrance to the state's Emergency Operations Center in Frankfort that said, in part, "the safety and security of the Commonwealth cannot be achieved apart from reliance upon Almighty God."

Wingate noted in the order that there are 32 references to God or Almighty God in state statutes and the state constitution.

But the reference in the homeland security law "places an affirmative duty to rely on Almighty God for the protection of the Commonwealth," Wingate wrote. "This makes the statute exceptional among thousands of others, and therefore, unconstitutional."

Riner said he was not willing to consider rewording the phrases to make them pass muster.

"This is no small matter, the understanding that God is real," he said. "There are real benefits to acknowledging Him. There was not a single founder or framer of the Constitution who didn't believe that."

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Begin Trace Mode for Comment # 87.

#1. To: Brian S, Alan Chapman, christine, all (#0)

Fuck the atheists. They are a bunch of neurotic/psychotic screwballs who are scared shitless that someone, perhaps God, will hold them to account for their misdeeds. Thus their mania to attack religion and promote their atheism as the only acceptable belief.

Original_Intent  posted on  2009-08-27   15:00:40 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Original_Intent (#1)

F*ck the atheists. They are a bunch of neurotic/psychotic screwballs who are scared shitless that someone, perhaps God, will hold them to account for their misdeeds. Thus their mania to attack religion and promote their atheism as the only acceptable belief.

That's pretty much the way it is, isn't it?

But even that doesn't explain why they apparently prefer to live in a society devoid of Godly standards.

Liberator  posted on  2009-08-27   15:54:21 ET  Reply   Untrace   Trace   Private Reply  


#72. To: F16Fighter (#15)

But even that doesn't explain why they apparently prefer to live in a society devoid of Godly standards.

I can't speak for all atheists but I personally prefer that sort of society (devoid of "godly" standards) because I think things like murder, rape, genocide, slavery, and human sacrifice to name a few are wrong and were always wrong.

Also, some of you have misguided views on what atheism is. It's not a belief but rather a rejection of a particular belief. Everyone on this forum that doesn't believe in Thor, Apollo, Zeus, or Chrisna are atheists regarding those god claims. In my case I simply believe in one less god than the theists here.

Ncturnal  posted on  2009-08-28   18:36:10 ET  Reply   Untrace   Trace   Private Reply  


#73. To: Ncturnal (#72)

I can't speak for all atheists but I personally prefer that sort of society (devoid of "godly" standards) because I think things like murder, rape, genocide, slavery, and human sacrifice to name a few are wrong and were always wrong.

My bad; I should have anticipated at least one drug-impaired response. By "Godly" I meant in the tradition of the Founders' religion - Christianity.

Also, some of you have misguided views on what atheism is. It's not a belief but rather a rejection of a particular belief.

Actually you're STILL erroneous about your own belief; Atheism is specifically the denial of the existence of God.

Liberator  posted on  2009-08-28   23:49:04 ET  Reply   Untrace   Trace   Private Reply  


#81. To: F16Fighter (#73)

Actually, it's the denial of the theist bullshit claims about god, but whatever. As for your Founding Fathers/Christian Nation bullshit, that's been well refuted so many times it's an embarrassment to you that you still bring it up. That nonsense is mainly attributed to David Barton of Wallbuilders, who simply made shit up to suit is zealot agenda. Can't say I'm surprised though as Christians have long proved they have no problem with intellectual dishonesty if they think it will further their agenda.

Ncturnal  posted on  2009-09-02   21:02:41 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#85. To: WEAVER, christine, Ncturnal (#81) (Edited)

Blasphemy ping

wudidiz  posted on  2009-09-07   23:55:54 ET  Reply   Untrace   Trace   Private Reply  


#87. To: wudidiz (#85)

Ncturnal  posted on  2009-09-08   0:00:05 ET  Reply   Untrace   Trace   Private Reply  


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