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Atheists victorious - Judge orders 'Almighty God' in Kentucky unconstitutional

When American Atheists (AA) realized that the Kentucky office of Homeland Security had '"God" in its law, it sprang to action. Along with 10 other plaintiffs, AA filed suit to get the reference to God removed from the law.

According to AA, the "2006 law... blatantly mixes church and state, in defiance of the US Constitution."  The law they speak of requires that the executive director of Kentucky's Homeland Security shall "[p]ublicize the findings of the General Assembly stressing the dependence on Almighty God as being vital to the security of the Commonwealth by including the provisions of KRS 39A.285(3) in its agency training and educational materials. The executive director shall also be responsible for prominently displaying a permanent plaque at the entrance to the state's Emergency Operations Center stating the text of KRS 39A.285(3)."

KRS 39A.285(3) states, in part that "[t]he safety and security of the Commonwealth cannot be achieved apart from reliance upon Almighty God as set forth in the public speeches and proclamations of American Presidents, including Abraham Lincoln's historic March 30, 1863, Presidential Proclamation urging Americans to pray and fast during one of the most dangerous hours in American history, and the text of President John F. Kennedy's November 22, 1963, national security speech which concluded: 'For as was written long ago: "Except the Lord keep the city, the watchman waketh but in vain."'"

This was seen as a blatant violation of the Constitution by AA, as well as many American. And now, a judge has agreed - even though the State maintained that they were justified in their action because for more than 200 years our Government has "acknowledged the role of religion in the American way of life." They further contended that were the court to side with the plaintiffs, "...it could lead to a wholly secular society completely divorced from religion, unavoidably causing harm to the American society."

According to an Associated Press report, Franklin Circuit Judge Thomas Wingate said in his decision this past Wednesday that the laws were "akin to establishing a religion," which is unconstitutional.

In his 18-page decision, Judge Wingate said that he was surprised that the State felt they were justified in their actions considering they conceded that "...the Establishment Clause is 'to prevent, as far as possible, the intrusion of either [the church or the state] in to the precincts of the other.'" And although the state contended that they were justified because the well being of the State was at the center of it all, Judge Wingate said that "[t]he omission of Almighty God does not make this purpose more contemptible to Christians or any other faith, nor does including the name make it more commendable."

Interestingly, the judge said that not only did the aforementioned laws violate the US Constitution, but that they violated Kentucky's Constitution. It was noted by the judge that there are 32 references to God in Kentucky statutes and the Constitution. However, these are used in a passive way, unlike the language in the laws concerning Homeland Security, which, according to Judge Wingate, "...places an affirmative duty to rely on Almighty God for the protection of the Commonwealth. This makes the statute exceptional among thousands of others, and therefore, unconstitutional."

Representative Tom Riner, D-Louisville, a pastor of Christ is King Baptist Church in Louisville, was the person who inserted the language into the legislation in 2006 and he wants the decision appealed. According to the AP report, he said, "'They make the argument ... that it has to do with a religion and promoting a religion. God is not a religion. God is God.'"

No decision has been made as to whether the State will appeal the court's decision.

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Atheism Examiner

As a former Christian, Trina possesses a unique perspective on atheism. She is a ravenous researcher who constantly seeks truth through exploration...

Comments

  • Mark 2 years ago
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    "God is not a religion. God is God."

    How on earth do these cretins get elected ?

  • Al Cibiades 2 years ago
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    Mark, as a Kentucky resident, I must say I don't know. There are few people I know who'd vote for this guy. Its scary.

  • Soulless 2 years ago
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    Santa Claus is not a holiday, Santa Claus is Santa Claus.

    I guess...

  • Oblivious 2 years ago
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    ... how does one establish a religion that is already established?

  • Brian37 2 years ago
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    QUOTE:""God is not a religion. God is God."

    "God" as Christians in our history has meant Christianity, which means that the lawmakers who have written Christian favoritism into law have no intent of being neutral in giving the same government display to others they have unconstitutionally hijacked.

    Otherwise some of our currency would say, "In Allah some trust" and others would say, "In Yahwey some trust" and others would say, "In Buddha some trust" or, "In We trust".

  • Christian-Minister 2 years ago
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    The Judge is WRONG!
    Of course we should be able to use laws to force people to believe in God and force them to rely on God to protect our country.

    When we have a MAJORITY in power (believers) it is our RIGHT (God-given?) to impose our beliefs on the minority (people of other religious beliefs).

    Otherwise what would be the point of being the majority?

  • Joi 2 years ago
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    They'll realize one day just how wrong they are. What really makes me sad is that we keep allowing pathetic losers to get away with this crap. And people wonder why we have so many problems in the world. This is a classic example of WHY - idiots.

  • Kira 2 years ago
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    Joi,

    You're so right. If only we had a theocracy like, say, Iran, those atheist losers would never get away with this nonsense. We should make a law so everybody has to bow down to God whether they like it or not. That will show them!

  • greg 2 years ago
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    ok lets remove "in God we trust" from all the money we have in circulation. That should cost them enough to rethink what this judge just did. I am so sick od these small manority groups raising hell about this and that and then they get there way and it all costs us a little more of whats left of the constitution

  • Dan 2 years ago
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    "ok lets remove 'in God we trust' from all the money we have in circulation."

    Well, we did for a long time. Until the Civil War, actually. I don't know any Atheist who would call to take all money in circulation and remove the saying. However, it would be nice if we stopped printing it on any new currency.

    "I am so sick od these small manority groups raising hell about this and that"

    I know. What's up with Atheists thinking that the government shouldn't endorse religion one way or another? Also, I'm of the minority group that knows how to spell two letter words.

    "it all costs us a little more of whats left of the constitution"

    Count up all the times the word "God" is mentioned in the constitution. Multiply it by a billion. Still zero? Just checking.

  • Think of the money we'd save 2 years ago
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    if we took "In God We Trust" off the money!!
    Maybe we could add that to the money we'd make if we revoked tax exempt status for Religious org and then fix the economy!
    Yeah, I'm an optimist.

  • Jack Dance 2 years ago
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    Three cheers for the judge for protecting religion from the state. To see the consequences of the Judge not protecting church from state, look first at Henry VIII.

    Head of State, Henry made himself the Head of the Catholic Church in England. Why? Because he was a Protestant? NO. Because he wanted to divorce and the RC Church would not allow it? No. Because the Church was immensely wealthy and he wanted that money. He raped and pillaged the Church.

    Look at England today under a State church. England is the home of religious apathy. A church closes every week. There is little moral guidance

    Three cheers for the judge for recognizing why the US Constitution was so written.

  • Jack Dance 2 years ago
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    What were Christs last words? "Forgive them Lord for they know not what they do"?

    Judge Wingate reminds us "...the Establishment Clause is 'to prevent the intrusion of either [the church or the state] in to the precincts of the other.'" But it really to protect the church from the state.

    Those who open the Church doors to the State will lead to the extinction of the Church. Beleive me I'm an Englishman. Why does anyone think the English Protestants fled England to the Americas? They fled English taxes and religious persecution. Fe Fie Foe Fum, I am Henry and I'll grind their bones to make my bread!

  • Steve-n-SA 2 years ago
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    Actually Jack, it's to protect the people, not necessarily the church or the state. It's to protect the people from being forced to believe or not believe in any particular religion, which comes from a state run church system (such as Henry VIII's Church of England) or a government run by religion (such as those in the Middle East) or even a government enforced atheism.

  • Nancy 2 years ago
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    It clearly violated the constitution. Atheists are not going to go away. We are a growing population of people in America. Most of us are tired of being quiet. We will only tackle more and more issues like this. I hope some of you are ready for that! We are tired of having the Christian God or any other God for that matter forced upon us. Anyone who feels we should bow to your God is no different than a terrorist.

  • Darren 2 years ago
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    People I suggest you all burn your money
    Go on take it out and have a look at it, what is printed on it
    IN GOD WE TRUST
    You Ignorant stupid creations

  • Minerva 2 years ago
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    God is a perfect Gentleman and does not enforce His will on anyone. If there is a brain upstairs, 'investigate', don't just let emotions without knowledge guide the tongue. We're all going to have face our decisions, wise or otherwise.

  • Steve 2 years ago
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    Isn't Kentuckey one of the states whose Constitutions still disqualify atheists from holding public office?

  • MsMsBurning 2 years ago
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    Almighty God not only un-Constitutional but unrealistic!

  • AtheistLogic 2 years ago
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    Could someone quote the exact part of the Constitution that forbids a conjoined church and state. I know it says under Freedom of religion that we can't be a theocracy, but where does it say religion can't be a part of it. The amendment never mentions that...

  • funkydrummer 2 years ago
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    There are over 250 gods i don't believe in any of them. The founders new what they were doing when they did not want religion to be a part of government and even in the treaty of tripoli it states that we are not a christian nation. What if the muslims became the majority would you allow them to put allah there? In god we trust and the pledge of allegiance was changed because they wanted to put religion in. Learn your history just because it says in god we trust does not make it ok.

  • AtheistLogic 2 years ago
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    Could someone quote the exact part of the Constitution that forbids a conjoined church and state. I know it says under Freedom of religion that we can't be a theocracy, but where does it say religion can't be a part of it. The amendment never mentions that...

  • caseywollberg 2 years ago
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    "... how does one establish a religion that is already established?"

    A <i>state</i> religion is not yet established in the U.S. Does that answer your question?

  • AtheistLogic 2 years ago
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    Could someone quote the exact part of the Constitution that forbids a conjoined church and state. I know it says under Freedom of religion that we can't be a theocracy, but where does it say religion can't be a part of it. The amendment never mentions that...

  • Josh 2 years ago
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    I can't believe some folks would force Christianity on others (the crusades) again. Didn't you learn your lesson the first time? I love how Xtians go around spouting about morals when you kill and slander others all in the name of YOUR god. Did you know that forcing your "Beliefs" onto other people is called Fascism? Nobody is forcing you to be atheist, so don't force feed your religion to me. All that matters in the above case is that our government is not and never will be a Christian government and language compelling people to accept the Christian god as a fact when he is too cowardly to even show himself or prove he's real is not constitutional. See, the constitution protects every American citizen's individual rights, not just yours. To quote one of your favorite sayings "go to hell".

  • Josh 2 years ago
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    By the way the First Amendment of the Constitution states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . ." Meaning Congress shall not prohibit any religion or favor any religion, the Republic remains neutral. Just to answer Atheistlogic's question.

  • Appauled 2 years ago
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    People who use kindergarten arguments elected to hold public office. Only in America... (is polygamy still legal in ohio?)

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