Atheists Win: Homeland Security Plaque Must Go!

 ATHEISTS WIN -- JUDGE RULES HOMELAND SECURITY PLAQUE
CALLING ON "ALMIGHTY GOD" VIOLATES STATE-CHURCH SEPARATION
            Will State Squander More Tax Money on Appeal?
       Kagin: "I think Thomas Jefferson Would Have Been Pleased"

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."

The Commonwealth tried to compare the message on the plaque
with other cases of government-sponsored religion, including the
current national motto stamped on currency, "In God We Trust."
Judge Wingate found that practice to be benign, suggesting that it
bore "no theological or ritualistic impact."  The plaque, however,
manifested a clear message that violated the First Amendment:

"...its theological impact is clear from the very language of the
challenged statutes.  The legislative finding that the Commonwealth
is unsafe without the protection of 'Almighty God'  takes a clear
stance on the nature of God, which constitutes an impermissible
purpose not comparable to IN GOD WE TRUST."

AANEWS has learned that following the release of the judge's ruling
today, the State Attorney General is already considering whether
to appeal the ruling.

Attorney Edwin Kagin praised today's ruling: "The plaintiffs,
and all citizens of Kentucky, are more safe as a result of this
thoughtful ruling by Judge Wingate. Threats to our security from
within are even more frightening than threats from without. Those
who seek to attack our freedoms by imposing their religion upon us
have been pushed back a bit by this ruling. The Wall of Separation
between government and religion continues to hold. I think Thomas
"Jefferson would have been pleased."

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