Monday, August 31, 2009

Kentucky judge finds Constitution unconstitutional

This just in from Legal Fantasies Division of the Franklin Circuit Court:
FRANKFORT, Ky.—A Franklin circuit judge Wednesday declared unconstitutional a reference to God in a 2006 law creating the Kentucky Office of Homeland Security.

In an 18-page order, Judge Thomas Wingate said the General Assembly created an official government position on God when it passed a law requiring the office to acknowledge “the dependence on Almighty God as being vital to the security of the Commonwealth.”

Wingate said it is clear that the purpose of the language wasn't to celebrate the historical reasons for “our great nation's survival in the face of terror and war,” but instead declared publicly that the position of the state was that an “Almighty God exists and that the function of that God is to protect us from our enemies.”

“The Commonwealth's history does not exclude God from the statutes, but it has never permitted the General Assembly to demand that its citizens depend on Almighty God,” Wingate wrote.
Well, first of all, the law doesn't demand anything of anybody. It is simply an acknowledgment of what the legislature perceives (correctly, for the most part) about its citizens. But, more importantly, did Judge Wingate bother to check out the Preamble to Kentucky's own Constitution?
We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.
If the General Assembly is not permitted to "require" its citizens to "depend on Almighty God," as his opinion states the law in question does, then why does it's own Constitution "require" them to be grateful to Him?

Someone should challenge the Kentucky Constitution in court to see if Judge Wingate finds the Constitution itself unconstitutional.

1 comment:

Anonymous said...

Evidently Judge Wingate did bother to check out the Preamble to Kentucky's own Constitution. Just read page 10 of the opinion where he cites every reference to God and Almighty God in the Kentucky Regulations, Revised Statues and Constitution. And take a look at footnote 16 - it cites the Preamble.

Your question regarding "require" represents dual fallacies: equivocation and red herring. The 1939 National Baptist Convention declaration (see footnote 6), however, suffers from neither.