American Atheists Ruling in Kentucky Against “Almighty God” is Reversed

On October 28, 2011, a three-judge panel of the Kentucky Court of Appeals reversed a trial judge order striking down Kentucky’s Homeland Security Acts, which state that the security of Kentucky is ultimately dependent on “Almighty God”.  This case has drawn national attention for three years and is being watched by many observers.  Judge Thomas P. Wingate of the Franklin Circuit Court, on August 26, 2009, court ruled against the Kentucky Homeland Security Acts as a violation of the Establishment Clause in the First Amendment to the Constitution.

On March 28, 2002, the Kentucky General Assembly enacted KRS 39A.285, stating:

“The 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…”

On July 2006, the Kentucky General Assembly enacted KRS 39G.010, establishing:

“The executive director shall:

Publicize 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 Commonwealth…”

On December 2, 2008 the American Atheists, Inc., the ACLU and others, filed a lawsuit against these Acts.  After briefs were filed and an oral arguments were made in February, 2011, the Kentucky Appeals Court reversed the trial court (2-to-1), upholding the Acts as Constitutional.   The Kentucky Appeals Court recognized the long history of all three branches of U.S. Civil Government, acknowledging God as the Creator, Divine Providence and even the Kentucky Constitution’s reference to “Almighty God”.

The Kentucky Attorney General, Jack Conway, defended the Commonwealth.  Two briefs were filed by Amicus Curiae on behalf of thirty-five Kentucky State Senators and ninety-six Kentucky State Representatives.  Attorneys representing Amicus included Colonel Ronald D. Ray, Judge Roy S. Moore, Benjamin D. Dupre, Jack Richardson, IV, and Richard L. Masters. Former Assistant Attorney General of Kentucky Tad Thomas made the oral argument in the case.

Edwin Kagin, National Legal Director for American Atheists said the group would appeal the decision to the state Supreme Court, according to an article by the First Amendment Center.