Kentucky Equality Federation Condemns House Bill 279 - Forced Religious Imposition Act

KENTUCKY EQUALITY FEDERATION RESPONDS TO HOUSE BILL 279

CONDEMNS 'FORCED RELIGION IMPOSITION ACT'

“Kentucky House Bill 279 lays the groundwork for legalized discrimination and is detrimental to the equal rights movement for all LGBTI residents of the Commonwealth,” stated Kentucky Equality Federation’s Chairman of the Board, Brandon Combs. “This legislation also has the potential to negatively impact a wide-range of individuals beyond the LGBTI community, such as single parents and divorced couples. The passing of this legislation threatens to push the state back to the 1960s prior to the passage of the Kentucky Civil Rights Act.”

“House Bill 279 represents a clear and present danger to the gay and lesbian community and other minority groups around the commonwealth,” stated Kentucky Equality Federation president Jordan Palmer. “Thousands of Kentuckians are opposing the legislation. We urge Governor Steve Beshear to veto the legislation. Both the Kentucky and U.S. constitutions provide for freedom of religion and Kentucky Equality Federation supports freedom of religion. However, what we need is freedom from religion; lawmakers use religion as a means to deny someone a fundamental civil right. In 2010 the Kentucky House of Representatives passed Resolution 232, the Manhattan Declaration making Christianity the official religion of the Commonwealth. (voting record). House Bill 279 does nothing more than give people permission to discriminate based on their religious beliefs thereby taking it beyond ‘freedom of religion’ to ‘forced religion’ because they have imposed their religious beliefs on others with legal authority to do so.”

KENTUCKY EQUALITY FEDERATION - LEGAL DEPARTMENT SUMMARY:

To break it down, Kentucky Equality Federation’s Vice President of Legal, Jillian Hall, Esq. stated: “House Bill 279 has the potential to harm local ordinances in place in Louisville, Lexington and Vicco. Essentially, an individual can continue to discriminate against a gay individual in violation of the ordinance and be protected under this new law by showing that it is in conflict with their closely held religious beliefs. While the language adding “substantial” to the burden (via an amendment to the bill) does add some protections, as it is very difficult to meet the level of “substantial burden” in the courts (as would have to be shown by the discriminating party), the law still is a major step backward for the equality movement."

Hall continued:  "Right now, people discriminate freely and openly against the gay community without recourse due to the lack of a Kentucky statewide equality law. Similar laws to this proposed bill have been passed in several other states after the U.S. Supreme Court struck down the U.S. Religious Freedom Restoration Act in 1997 (as applied to the states). This law is nothing more than a poor recitation of the First Amendment, and is a thinly veiled move by the legislature showing their lack of respect or tolerance for the LGBTI community. While I do not feel that this will significantly affect anything in the courts, this law, along with the Manhattan Declaration of 2010 as mentioned by Kentucky Equality Federation President Jordan Palmer, acts to block forward progress and is a continued embarrassment for the Commonwealth.”

Kentucky Equality Federation will continue to monitor House Bill 279 and may challenge it in court if it undermines equality efforts.

Cease and Desist Order issued to Logan County Schools by Kentucky Equality Federation

Kentucky Equality Federation today issued a "Cease and Desist Order" to Logan County Schools for the distribution of Bibles in their school district.  This is yet another school district in the commonwealth which has required a warning. (previous press release).

SUMMARY: I am the Vice President of Legal for the Kentucky Equality Federation, and write on behalf of the organization to support Ms. Alms and any other parents who rightfully find issue with the practice of allowing this distribution on school property, as it is in direct violation of both the U.S. Constitution and Section V of the Kentucky Constitution.

In your most recent response, you cited the case Peck v. Upshur Co. Board of Educ., 155 F.3d 274 (4th Cir. 1998). While this case (which as you know is only persuasive, not binding in the Commonwealth of Kentucky) does address the issue of Bible distribution in public schools and permits a passive offering of such materials in a limited manner, the Court specifically finds this Constitutional only as it applies to secondary school students. The court noted that “in elementary schools, the concerns animating the coercion principle are at their strongest because of the impressionability of young elementary-age children. (read the entire cease and desist order)

STATEMENTS:

Administration:

"I believe in God and I know God loves all people. I am a practicing Christian, and I also practice Taoism. However, a public school is not the proper venue to distribute religious materials of any type," stated Kentucky Equality Federation President Jordan Palmer. "This practice will cease immediately or I will instruct our legal department to sue the Logan County School District. I will teach my children about religion at home. We again are notifying the Kentucky Department of Education and the Office of Kentucky Education Secretary, Mr. Joseph U. Meyer."

Kentucky Equality Federation's Religious Outreach Director, Minister Edith Baker, Ph.D. again stated: "Here is the foundation of this matter; if Christians are 'allowed to pass out Bibles,’ then all other religion and non religious groups, including the 'Church of Satan' will have this right. As a Christian believer since childhood, and an ordained minister, I believe we have enough homes, churches and other public venues to provide this service."

Board of Directors:

"Simply stated, what is occurring in Logan County schools is unconstitutional," stated Kentucky Equality Federation's Chairman of the Board, Brandon Combs. "The response given by the Logan County School District's hired counsel is a red herring, at best. At worst, it demonstrates the acceptance of negligent behavior by the district's personnel. This incident occurred in an elementary school. At this age range, religious studies should be directed by the each student's family, not the school district."

Speaking about the response received from the school, Kentucky Equality Federation's Vice Chairman, Gary Fowler, PsyD, CDC/ASPH Fellow stated: "I think the response provided by the school district’s attorney is a standard scapegoat. The case cited had no bearing on this case as was quoted regarding allowing the passive distribution of these materials. It is my understanding and their admission that this was anything but a passive distribution because each child was handed the material and expected to take it. Also, the letter eludes to the individual distributing these materials as a long time member of the community which in turn, at least to me, suggests that the knowledge of what type of material this man was bringing for active distribution was implied."

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Kevin Pennington Hate Crime Trial Official Statement

Kentucky Equality
Federation Vice President
of Legal, Attorney Jillian Hall

As a public advocate service, Kentucky Equality Federation brings hate and related crimes against minority groups, including the gay, lesbian, bisexual, transgendered, and intersex community, to the attention of the county attorney, commonwealth's attorney, or U.S. attorney as appropriate. Kentucky Equality Federation serves the victim in all things, including, but not limited to Kentucky Equality Federation controlling media access to the victim, making legal and mental resources available, and preparing the victim for court.

Once a trial begins, it is up to the prosecutors to make their case for justice.

Rose Law Office
Jill Hall Rose, Kentucky
Equality Federation Legal
Representation

"The acquittal of these individuals from the hate crime aspect of this case is truly a disappointment," stated Chairman of the Board Brandon Combs. "This is a failing by prosecutors to make their case beyond a reasonable doubt, but this should serve as a rallying point around which the LGBTI community can gather and we thank the U.S. Department of Justice for responding to our request to prosecute this case. If there is any positive to take away from this ruling, it is that Mr. Pennington did receive some measure of justice, albeit not what he deserved."

"I think it is important that the U.S. attorney took this case to send a message that this type of conduct will not be tolerated," stated Attorney Jill Hall Rose, Kentucky Equality Federation’s legal representation. "The enormous burden of proof, especially in such a high profile case is on the government and the jury found some reasonable doubt as to the hate crime statute despite the compelling testimony given. This is not a setback, the fact that Kentucky Equality Federation successfully lobbied the U.S. Justice Department to prosecute this case and that U.S. Attorney Kerry Harvey ordered it to be prosecuted says a lot about Kentucky and the United States; hate motivated crimes will not be tolerated. U.S. Attorney Kerry Harvey has effectively put Kentucky 'on notice.' I admire Jordan Palmer for sticking up for people and the important work everyone that Kentucky Equality Federation does because they are all volunteers, none of them are paid."

Kentucky Equality Federation’s Vice President of Legal, Attorney Jillian Hall agreed.

"I do continue to believe this was a hate crime," said Kentucky Equality Federation President Jordan Palmer. "Beating someone, or trying to kill them, all the time shouting anti-gay slurs..... if that isn't a hate crime, I'm not sure the jury completely understood the definition of the law. I agree with our attorneys that this was not a setback, though this is not the verdict we wanted, they still face life in prison. Tomorrow someone may be arrested for a hate crime that results in a conviction, each case is unique. Though the defense was ultimately unsuccessful in getting the law declared unconstitutional, the defense was successful in arguing about low IQ's, drug addition, sexual attraction, etc. This does not negate the inescapable conclusion however that yelling anti-gay slurs while assaulting someone is by definition a hate crime, just as it would be (by definition) had they yelled defamatory terms about any other protected class while attempting to murder them. The assertion that one of the people who assaulted Kevin Pennington has an IQ of 75 and unable to plan the assault, but can apparently participate in it is repugnant."

U.S. District Judge Gregory F. Van Tatenhove ruled that Congress stretched their authority to just being below 'beyond Congressional authority,' with the federal hate crime statute.

"We also take offense for the inflammatory comment from the defense that U.S. President Obama and the federal government bow to special interest groups," stated Southeastern Kentucky Regional Director Will Taylor. "Kentucky Equality Federation is not a 'special interest group,' we seek equality and justice under law, nothing more, nothing less. U.S. President Obama knows this, Kentucky Governor Beshear knows this (with his executive order protecting LGBTI people from discrimination in Kentucky government), and U.S. Attorney Harvey knows this. The defense suggesting that Kevin Pennington was doing all of this for media attention in addition to bringing the U.S. president into the argument whom the defense said 'is unpopular in Kentucky and lost badly here four years ago,' is to me us both shocking and revolting, but the jury apparently bought some of the argument."

Palmer concluded: "We heard about the assault on Kevin Pennington the day after it happened from a member of his family. We do not seek out victims, they must be ready and willing to contact us (and feel safe and comfortable in doing so). Though I find the jury's reasoning questionable given the anti-gay testimony in regards to the hate crime, this is our judicial system and we must live with the verdict. Any additional questions should be directed to our Legal Team at (859) 263-3560, or (877) KEF-5775 – Ext. 5."