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First Amendment

Atheists Sue Over God Reference in Anti-Terror Law

Posted Dec 2, 2008 11:21 AM CST
By Molly McDonough

A group advocating for atheists rights will file suit today against Kentucky's Office of Homeland Security because state law requires the agency to stress "dependence on Almighty God as being vital to the security of the Commonwealth."

American Atheists of Parsippany, N.J., and 10 nonreligious Kentuckians who are also plaintiffs in the lawsuit were prompted to file after reading a Lexington Herald-Leader story last week that installing a plaque in God's honor would be the first duty of the Homeland Security Office.

"This is one of the most outrageous things I've seen in 35 years of practicing law. It's breathtakingly unconstitutional," the lawyer for the plaintiffs, Edwin Kagin, told the Herald-Leader in a story published today.

According to the paper, the requirement to credit God for Kentucky's protection was added to the 2006 legislation by state Rep. Tom Riner, a democrat and Southern Baptist minister in Louisville.

"This is recognition that government alone cannot guarantee the perfect safety of the people of Kentucky," Riner told the paper last week.

The plaintiffs are asking that the law be stripped of its references to God. But they also want monetary damages for sleeping disorders and "mental pain and anguish."

The suit argues that the plaintiffs "suffer anxiety from the belief that the existence of these unconstitutional laws suggest that their very safety as residents of Kentucky may be in the hands of fanatics, traitors or fools."

Hat tip How Appealing.

Comments

1.

B. McLeod
Dec 2, 2008 12:46 PM CST

Whether one believes or disbelieves, it is clear that something has saved Kentucky all these years (in spite of any and all fanatics, traitors and fools that may have threatened).

How do these atheists account for that?

2.

Shit
Dec 3, 2008 11:04 PM CST

Saved Kentucky from what?

3.

Suzannah Schulthies
Dec 5, 2008 6:10 PM CST

Just how does believing and trusting in God make one a “traitor”? “Sleeping disorders, mental pain, and anguish”? Either those people are being convicted by the Holy Spirit for THEIR wrong thoughts/behavior, or they’re just whiney, sniveling sissies who need a lot more help than what money can provide. GROW UP!

4.

Anonymous
Dec 7, 2008 1:27 PM CST

You need to understand our legal system:

It is impossible for an individual to sue over the constitutionality of a law unless he or she can show damages.
It is impossible for the courts to strike a law down unless somebody brings it to suit.

The secular group had to show damages (the pain and suffering), in order to bring it to suit so that the unconstitutional law (and it IS unconstitutional) may be struck down by the courts.

They don’t care about receiving money for their pain and suffering- they care about striking the unconstitutional law down.  Unfortunately, one can not sue for “unconstitutionality”- if they could have, they would have.

Do you understand now why they’re suing for their pain and suffering?  It’s the only way citizens can enforce the constitution.

This is an important case- not just for secular citizens, but for the right of all citizens to serve as watch dogs to protect the constitution.  If this goes through, we’ll probably see more unconstitutional and oppressive laws struck down through the same process (and not just religious ones).

Regardless of your religious beliefs, if you care about the constitution, you should be rooting for this group.  It’s not about complainers, it’s about civic responsibility.

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