Judge: Ky. can't legislate dependence on God

[laconicsax]

http://www.kentucky.com/513/story/910448.html

FRANKFORT, Ky. -- A judge says it's unconstitutional to require the Kentucky Office of Homeland Security to acknowledge it can't keep the state safe without God's help.

Circuit Judge Thomas Wingate ruled Wednesday that the requirement in a state law violates the U.S. and Kentucky constitutions.

http://bluegrasspolitics.bloginky.com/2009/08/26/judge-homeland-security-cant-require-dependence-on-god/

Judge: Homeland Security can’t require dependence on God

A judge on Wednesday struck down a 2006 state law that required the Kentucky Office of Homeland Security to stress “dependence on Almighty God as being vital to the security of the commonwealth.”

Franklin Circuit Judge Thomas Wingate ruled that the law violated the First Amendment’s protection against the establishment of a state religion. Homeland Security officials have been required for three years to credit “Almighty God” in their official reports and post a plaque with similar language at the state’s Emergency Operations Center in Frankfort.

There's a great comment on the first article:

I think Judge Wingate needs to read the Bible and the Constitution on which this country was founded on!!!
We are all dependent on God even if one does not believe in God our Creator and Almighty God of the World!!!
Give this Judge the boot!!!!!

Because the part of the Constitution reading, "Congress shall make no law respecting an establishment of religion," doesn't apply in this case. :eyes:

[Xipe Totec]

1. Thank God the Judges are thinking straight

PS: You don't have to actually thank God...

Cthulhu, Belzebub, or the Spaghetti Monster will do.

[Strong Atheist]

2. Good. nt.

[Hello_Kitty]

3. I heart Judge Wingate! eom

[MrModerate]

4. I despair for my country. The moron-Americans are going to suffocate us all . . . n/t

[grantcart]

5. Al Queda would have a difficult time finding KY

KY is a backwash, in part, because of a superstitious reliance on 'old time religion'.


So in a way their religious faith, keeps them poor, under the radar and completely unknown to terrorists.


Hurricanes are another matter, they seem to seek out the bible thumping counties and flatten a few churches.

[rocktivity]

6. The law was as unconstitutional as hell

and thank God that the judge was willing to enforce the separation of church and state--if you'll pardon the expressions.

:evilgrin:
rocktivity (if you pardon the smiley)

[struggle4progress]

7. I thought forty some years ago that this particular fight was nearly over and that

only a handful of troglodytes still opposed the separation of church and state

[Silent3]

9. The problem is that until a law is successfully challenged in court...

...it stands until the law is declared unconstitutional, no matter how blatant the unconstitutionality is from the start.

There's no penalty for supporting an unconstitutional law other than having it struck down. For a right wing politician pandering to the right wing base, who care little or nothing for separation of church and state (as long as the "churchiness" of a law fits their religious agenda), it's all a win. They get to rally the troops and grandstand by supporting the law, they get to howl against the liberal courts when the law gets struck down.

It would be a tricky thing to do without giving the judicial branch too much power, but I'd love to see a carefully constructed system which allowed for direct judicial review of any law upon passage of that law (no one would have to file a claim for damages, or create a test case by breaking the new law), and some sort of penalty for legislators who repeatedly and egregiously support clearly unconstitutional laws.

[RLBaty]

10. The problem is...

Would it be appropriate for me to suggest that Silent3 might have somewhat to offer to the "Revoke 70-549" discussion?

If not, never mind!

I thought he made some good points above which would appear to have application to that discussion and the particular facts of that case.

Sincerely,
Robert Baty

[struggle4progress]

11. I started refusing to participate in public school prayers in the 1960s. By the time I got

to high school, I was also dropping "under G-d" from the Pledge when we said it. The law in question dates from 2006, thirty five or forty years later. It astounds me, but I suppose this fight will continue my whole life

[DeSwiss]

8. K&R!

- Oh, and this particular act of separation between god and state, was brought to you by the American Atheists of Parsippany, N.J.

{I henceforth swear-off my NJ/pollution jokes for the duration.};)

See also: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=214x190089">Atheists sue Ky. homeland security agency

[rd_kent]

12. It boggles the mind to think that people still think this way

We are drowning in ignorance.

[get the red out]

13. A Kentucky judge struck it down

That's good news for the people of my state! It means we aren't completely and totally ruled by theocrats, whew!!!! I am sick of being embarrassed but maybe people are waking up.