ACLU of Kentucky

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ACLU of Kentucky, Wilson and Tunnell v. Garrard County, Kentucky Print E-mail
Wednesday, February 28, 2007, 11:45 am

Also see: 

ACLU of Kentucky and McQueary v. Mercer County, Kentucky

ACLU of Kentucky, Meredith and Harper v. Grayson County, Kentucky

ACLU of Kentucky, et al. v. Rowan County, Kentucky

United States Court of Appeals / United States District Court

These four lawsuits are the second set of challenges to Ten Commandments postings in county government buildings (four courthouses and one public hospital). On behalf of ACLU of Kentucky members and local citizens, we argued that the postings violate the First Amendment’s establishment clause. The context of the individual postings initially ranged from stand-alone to “historical documents” displays like those enjoined in the first set of cases. After we filed suit, each government modified its display to contain the same set of “historical documents.” The Mercer, Garrard, and Rowan cases originated in the U.S. District Court for the Eastern District of Kentucky and the Grayson County case in the U.S. District Court for the Western District.

In the Western District, U.S. District Judge Joseph McKinley agreed with Judge Coffman and granted a preliminary injunction requiring removal of the Grayson County display. The case was then stayed (held in abeyance) pending the outcome of the Supreme Court decision in McCreary and Pulaski counties.

In the Eastern District, U.S. District Judge Karl Forester disagreed with Judge Coffman about the displays’ constitutionality and refused to require the removal of the Rowan and Garrard County displays while the cases are pending. The Garrard and Rowan County cases were stayed in the Eastern District pending the outcome of the Supreme Court decision in McCreary and Pulaski counties.

Judge Forester also granted summary judgment in favor of the government in the Mercer County case. We appealed that decision to the Sixth Circuit and lost.  The panel, by a 2-1 vote, held that — absent proof of an impermissible religious purpose — the “Foundations” display was not unconstitutional.

The other three cases — Rowan and Garrard County before Judge Forrester, Grayson County before Judge McKinley — now are proceeding.  In each, we are attempting to prove that the county’s real motive for the display is religious, not historical.

 
ACLU of Kentucky, et al. v. Rowan County, Kentucky Print E-mail
Wednesday, February 28, 2007, 11:43 am

Also see: 

ACLU of Kentucky and McQueary v. Mercer County, Kentucky

ACLU of Kentucky, Meredith and Harper v. Grayson County, Kentucky

ACLU of Kentucky, Wilson and Tunnell v. Garrard County, Kentucky

United States Court of Appeals / United States District Court

These four lawsuits are the second set of challenges to Ten Commandments postings in county government buildings (four courthouses and one public hospital). On behalf of ACLU of Kentucky members and local citizens, we argued that the postings violate the First Amendment’s establishment clause. The context of the individual postings initially ranged from stand-alone to “historical documents” displays like those enjoined in the first set of cases. After we filed suit, each government modified its display to contain the same set of “historical documents.” The Mercer, Garrard, and Rowan cases originated in the U.S. District Court for the Eastern District of Kentucky and the Grayson County case in the U.S. District Court for the Western District.

In the Western District, U.S. District Judge Joseph McKinley agreed with Judge Coffman and granted a preliminary injunction requiring removal of the Grayson County display. The case was then stayed (held in abeyance) pending the outcome of the Supreme Court decision in McCreary and Pulaski counties.

In the Eastern District, U.S. District Judge Karl Forester disagreed with Judge Coffman about the displays’ constitutionality and refused to require the removal of the Rowan and Garrard County displays while the cases are pending. The Garrard and Rowan County cases were stayed in the Eastern District pending the outcome of the Supreme Court decision in McCreary and Pulaski counties.

Judge Forester also granted summary judgment in favor of the government in the Mercer County case. We appealed that decision to the Sixth Circuit and lost.  The panel, by a 2-1 vote, held that — absent proof of an impermissible religious purpose — the “Foundations” display was not unconstitutional.

The other three cases — Rowan and Garrard County before Judge Forrester, Grayson County before Judge McKinley — now are proceeding.  In each, we are attempting to prove that the county’s real motive for the display is religious, not historical.

 
Pedreira v. Kentucky Baptist Homes for Children, Inc. Print E-mail
Wednesday, February 28, 2007, 11:38 am

United States District Court

The national ACLU’s LGBT Project, the ACLU of Kentucky and Americans United for Separation of Church and State, filed this lawsuit against Kentucky Baptist Homes for Children (now Sunrise Children's Services) on behalf of a former KBHC social worker who was fired for being a lesbian.  The lawsuit contends that because KBHC receives most of its money from the state to provide foster care for the state’s wards, its religion-based discrimination against gays and lesbians violated the First Amendment’s establishment clause. The case also asserts that KBHC is a pervasively sectarian institution that, independent of its employment policies, cannot constitutionally receive government funding.

               

U.S. District Judge Charles R. Simpson III dismissed the plaintiff's employment discrimination claims in 2001 and recently dismissed the remaining First Amendment claims.  In his recent ruling, Judge Simpson reasoned that cases brought by Kentucky taxpayers, solely by virtue of their status as taxpayers, do not have sufficient "standing" to challenge expenditures by the Executive branch on First Amendment grounds.  He concluded that the U.S. Supreme Court's 2007 decision in Hein v. Freedom From Religion required dismissal of the case.  The Plaintiffs filed a notice of appeal to the Sixth Circuit on April 28th and will argue that Hein does not apply and that dismissal in this case is inappropriate.

 

 
Re: School Prayer and Religious Instruction Print E-mail
Wednesday, February 28, 2007, 11:26 am

Pending without litigation

Every year, the ACLU of Kentucky receives complaints about religious practices at public schools.  The most frequent complaints involve prayer readings at school events, the distribution of religious materials at school and religious instruction at school. We consistently respond by reminding school officials that these practices violate the First Amendment’s establishment clause. Thus far, we have succeeded in convincing schools to stop or avoid their unlawful practices without litigation.

 
HB 70 – Jesse Crenshaw D–Lexington Print E-mail
Sunday, February 4, 2007, 10:04 pm

Link to HB 70

AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote. Propose to amend Section 145 of the Constitution or Kentucky to exclude a convicted felon from the right to vote until expiration of probation or final discharge from parole or maximum expiration of sentence; submit to the voters for ratification or rejection.

Dec 13-To: Interim Joint Committee on State Government

Jan 2-introduced in House

Jan 3-to Elections, Const. Amendments & Intergovernmental Affairs (H)

 
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