ATHEISTS WIN — JUDGE RULES HOMELAND SECURITY PLAQUE CALLING ON “ALMIGHTY GOD” VIOLATES STATE-CHURCH SEPARATION
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A circuit court judge ruled today that the Kentucky Office of Homeland Security violated the separation of church and state when it erected a plaque asking “Almighty God” to protect citizens “from acts of war and terrorism,” and included the religious theme in programs and training materials.
Kentucky lawmakers established the office following the faith-based terrorist attacks of September 11, 2001. A state law mandated that the new department “publicize the findings of the General Assembly stressing the dependence on Almighty God as being vital to the security of the Commonwealth.” Another statute called upon the Director of the new office to promote the religious message, and prominently display the plaque “at the entrance to the state’s Emergency Operations Center…” The text of the statue declared:
(1) No government by itself can guarantee perfect security from acts of war or terrorism.
(2) The security and well-being of the public depend not just on government, but rest in large measure upon individual citizens of the Commonwealth and their level of understanding, preparation and vigilance.
(3) The safety and security of the Commonwealth cannot be achieved apart from reliance on Almighty God as set forth in the public speeches and proclamations of American Presidents, including Abraham Lincoln’s historic March 30, 1863 Proclamation urging Americans to pray and fast during one of the most dangerous hours of 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.’ ”
American Atheists and plaintiffs challenged the legislature’s action, declaring that the statues violated provisions of both the federal and state constitutions. Attorneys for the Commonwealth mustered several arguments in their effort to defend the plaque and the mission of a state office to proselytize. The Commonwealth also moved to have a summary judgment dismissing the case, but lost both filings. In his 17-page ruling, Judge Wingate rejected claims that the lawmakers use of religion had a secular intent.
“…while the court will generally defer to a legislature’s stated purpose, ‘the secular purpose required, has to be genuine, not a sham, and not merely secondary to a religious objective.”
He added:
“It is clear that the purpose underlying the display of the plaque and the contents of Office of Homeland Security training materials is not to celebrate the historical reasons for our great nation’s survival in the face of terror and war. Its purpose is to declare publicly that the official position of the Commonwealth of Kentucky is that an Almighty God exists and that the function of that God is to protect us from our enemies. Consequently, a reading of the statute’s plain language makes that clear. Effectively, the General Assembly has created an official government position on God.
The recitation of the beliefs of past Presidents does not mask the clear purpose of the statutes.”
Judge’s Opinion
Background of the case
