Concern about Henry Johnson as 26th Judicial Circuit Judge (former Commonwealth's Attorney)

Kentucky Equality Federation today expressed concern about the appointment of Henry Johnson, the former Commonwealth’s Attorney in Harlan as the circuit judge for the Commonwealth’s 26th Judicial Circuit [until December 2014].

During his tenure as commonwealth’s attorney, Johnson failed to prosecute hate crimes in Harlan County, namely the case of Misty Turner and later, Kevin Pennington. Kentucky Equality Federation president Jordan Palmer was forced to ask the federal government to intervene.

Kentucky Equality Federation president Jordan Palmer was also featured in several stories with U.S. Attorney Kerry Harvey and his commitment to prosecuting LGBTI hate crimes in Kentucky.

"Kentucky Equality Federation will continue to monitor the conduct of Judge Johnson and will report any indifference to enforce the laws of this Commonwealth both to the U.S. Department of Justice as well as the Kentucky Court of Justice Judicial Conduct Commission,” stated Kentucky Equality Federation President Jordan Palmer. “Violent hate crimes do not just devastate the victim, they also send the message that some of our citizens are expendable, a message which will not be tolerated in our Commonwealth. We will not tolerate the slippery slope of allowing certain segments of our population to be victimized.

Though Johnson issued a summons for the accused in the Pennington case, the next day federal authorities took over the case. This is nothing short of political posturing on the part of the Johnson when he was the commonwealth’s attorney, as the citizens of Harlan saw that, something our attorneys later analyzed: http://community.kyequality.org/2012/10/kevin-pennington-hate-crime-trial.html

Misty Turner never saw any type of justice when Johnson was the Harlan Commonwealth’s Attorney; even after her family and children were assaulted in public. It is our sincere hope that Mr. Johnson now realizes the citizens of Harlan demand justice for all people, or they will be removed from office by their constituents as he was as commonwealth’s attorney.”

"The integrity and reliability of Kentucky’s criminal justice system has taken a major hit with the appointment of Johnson to the 26th Judicial Circuit,” stated Kentucky Equality Federation Regional Director Will Taylor. “I’m certain Johnson will not be reelected to the position given how easily he lost the last election and how indifferent Harlan citizens are to him.”

Kentucky Equality Federation is the Commonwealth's largest advocate for equal treatment of all citizens. As our mission statement explains, "Kentucky Equality Federation believes all people are endowed with inalienable rights to life, liberty, property, and the pursuit of happiness and fulfillment free from oppression, discrimination, school bullying, and hate crimes, regardless of gender identity, sexual orientation, race, creed, veteran status, political affiliation, or any other defining characteristic."

According to The Harlan Daily Enterprise:

“Now, therefore, I Steven L. Beshear, Governor of the Commonwealth of Kentucky, by virtue of the authority vested in me pursuant to Section 118 of the Constitution of Kentucky, do hereby appoint the Honorable Henry Stuart Johnson… to the office of Circuit Judge for the 26th Judicial Circuit, of Kentucky,” said the order issued by Beshear.

“Judge Johnson shall serve subject to the provisions of Section 152 of the Constitution of Kentucky.”

Johnson served as commonwealth’s attorney in Harlan for nearly 20 years, beginning in 1992. He is currently in private practice. Johnson received his law degree from the University of Kentucky and began practicing law in 1976, according to previous reports.

Johnson was succeeded as commonwealth’s attorney after losing re-election to current Commonwealth’s Attorney Parker Boggs.

Special Statement: What does DOMA being struck down mean for Kentucky?

Special Statement from Kentucky Equality Federation President Jordan Palmer:  What does DOMA being struck down mean for Kentuckians?

Lexington, KY (Special Statement) - The U.S. Supreme Court today struck down section 3 of the Defense of Marriage Act (DOMA), ending the federal government's discrimination against legally married same-sex couples.

The U.S. Supreme Court also ruled that Prop 8 was a decision for California with U.S. Chief Justice John Roberts stating: "We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8. This means the decision of the California Supreme Court will stand and Proposition 8 is unconstitutional.

This is a great day for our Commonwealth and our country as we move closer to equality for all people. Though this will have little direct impact on Kentucky citizens, it does provide a well deserved slap on the face to Kentucky lawmakers to allow the citizens of this Commonwealth to vote on the issue of same-sex marriage again in Kentucky. While there is still more work to do to ensure equality and justice for all LGBTI citizens, these decisions are historic steps forward, and today is a great day for America.

As momentum for marriage equality continues to build, Kentucky Equality Federation and Marriage Equality Kentucky will continue to work in all regions of the Commonwealth to change the hearts and minds of people, one community at a time. We look forward to the day when the citizens of all states rescind their constitutional amendments and recognize that all people have the freedom to marry.

Today we are reminded that Kentuckians still fall short of justice and this ruling is more than anything, a call to action. For those of us who live in state's like Kentucky where our marriages are still not recognized, today's rulings are a reminder that we cannot wait for justice to be handed to us, we are going to have to get engaged and fight.

Today our rights as Americans are not based on our shared citizenship, but upon our geographic location. More than 86 million Americans, nearly one-third of the country, live in states with full marriage equality, with the state and federal protections families need. Today the U.S. Supreme Court has said we can go states like Minnesota or Iowa and get married, but we return to the Commonwealth of Kentucky legal strangers in our home state.

Ambassador of Goodwill Scottie Saltsman passes away

Kentucky Equality Federation acts as a public advocate for victims of school bullying, hate crimes, and discrimination. Kentucky Equality Federation is the Commonwealth’s largest equality organization with member organizations that include Marriage Equality Kentucky, the Kentucky HIV/AIDS Advocacy Campaign, and Kentucky Equality Ballot Access.

Kentucky Equality Federation has bestowed a rare award on Richmond gay activist Scottie Saltsman.  Saltsman is also a former police officer and a supervisor at the Kentucky Department of Criminal Justice Training.

The distinction of Ambassador of Goodwill is the highest honor given by Kentucky Equality Federation. A Kentucky Equality Federation Ambassador of Goodwill embodies the foundation of our Commonwealth: diversity, tolerance, liberty, justice, and equality for all.

"The distinction of Ambassador of Goodwill was so rare that only 14 people have made it through the approval process," stated Legal Assistant Lara Clay Drake with Kentucky Equality Federation’s Legal Department. "This is not an honor that is given to different people year after year, nor an annual award given to someone. The candidate must truly be remarkable and have shaped Kentucky culture in a positive manner."

The Honorable Scottie Saltsman was a Section Supervisor with the Kentucky Justice and Public Safety Cabinet’s Department of Criminal Justice Training. Saltsman was also involved in Native American issues and one of the primary activists that pushed for the creation of the Richmond Human Rights Commission for which he served as Secretary, a post he held until he resigned on April 12, 2012 because the Commission refused to add sexual orientation and gender identity to their definition of protected classes of people or communities in their local equality/fairness ordinance.

Upon receiving news of his distinction as Ambassador of Goodwill on June 03, 2013, Scottie Saltsman stated: “I feel special; it is an honor to be recognized by an organization that fights for people and touches people across the state with their work.”

Scottie Saltsman was alive to receive the distinction; the plaque, however, will be presented to Saltsman’s Mother at his request. Ambassador of Goodwill Saltsman succumbed to the cancer he had been battling on June 09, 2013.

Ambassador Saltsman joins former Kentucky Treasurer Jonathan Miller, blogger Jim Pence, senior Representative Tom Burch, senior Kentucky Representative Ruth Ann Palumbo, Author and Dr. Bernadette Barton, International Activist and Attorney Melanie Nathan, Minister Edith Baker, Ph.D., and others including FDA officials, Kentucky authors, musicians, religious leaders, elected officials and activists.

Kentucky Equality Federation President Jordan Palmer stated: "We thank you and love you for all the incredible work you have done to advance equality across the Commonwealth of Kentucky. Your selfless accomplishments will never be forgotten and will indeed live forever. I thank you for your counsel and incredible friendship through the years. Knowing you and Matthew Vanderpool have been enormous highlights in my life. Ambassador of Goodwill Saltsman was a man of dignity and character who fought for the things he believed in. Though we continued to pray for a miracle, a greater power had different plans for you, but part of you will always be with us."


View Ambassador of Goodwill Scottie Saltsman's profile on Lexington Clinic: “In early 2012, Scottie began treatment for what he and his physician initially thought were internal hemorrhoids. When his symptoms did not improve, he underwent a new battery of tests and was told a biopsy would be needed. "My testing was done on March 21, 2012. On March 22, Dr. William Walton called to inform me it was cancer, and to tell me that he felt we needed to expedite our next steps," said Scottie. His diagnosis was Stage III b anal cancer, a rare form of cancer that predominantly affects men, but also strikes women. "The biggest challenge for me after learning I had cancer was just to work through the mental process that accompanies that diagnosis," said Scottie. "It is so important to stay positive and to try not to worry about what could be, or to think ‘why me’, because the moment you mentally give up, it’s over."

Source: http://www.lexingtonclinic.com/cancer/scottiesaltsman.html

About Kentucky Equality Federation's Ambassadors of Goodwill:  An Ambassador of Goodwill is appointed by the Chairman of the Board of Directors on the advice of the President (an existing Ambassador of Goodwill may also nominate someone to the President for the distinction). An Ambassador of Goodwill ceremony is scheduled for August in Lexington. Due to the illness of Ambassador Saltsman, his award was expedited at the request of President Jordan Palmer and approved by Board Chairman Brandon Combs.

Battle continues with Logan County Schools for Religious Materials Distribution; Final Warning Issued

We are writing again in response to Gideons Bibles being distributed in the Commonwealth’s school system. We find your response to us dated February 25, 2013 unacceptable.

--> Download a complete copy from our Legal Department.

You stated: “[t]he Board, however, will continue to consider these and other important constitutional issues and will examine this issue with an eye toward adopting guidelines by the 2013-2014 school year.”

As our letter to Mr. Kemp dated January 31, 2013 made clear, it is the position of Kentucky Equality Federation that the Logan County School Board’s relationship with Gideons International is in direct violation of the United States Constitution and Section V of the Kentucky Constitution.

I appreciate that the Board will no longer be allowing Gideons International to infringe upon the constitutional rights of Logan County students for the remainder of the school year and that you appear to be following Kentucky Equality Federation's CEASE AND DESIST ORDER. However, I am concerned that your letter indicates that the Board may develop policies allowing Gideons International back into the school setting later, rather than terminating your relationship with Gideons International, or any other strictly religious organization, as I requested in my previous letter.

Despite your indication that you disagree with the case law on this issue, to date, the United States Supreme Court has interpreted the First Amendment to prevent the establishment of religion in public schools. The establishment clause bars third parties as well as school officials from using school property to coerce children into believing one faith over another.

Kentucky Equality Federation
Vice President of Legal
Jillian Hall, Esq.

In Santa Fe Independent School Dist. v. Doe, the Court noted that just because school officials did not engage in religious activities at a school event, the fact that the activity was occurring on school property and pursuant to a school policy meant that it was, “stamped with [the] school’s seal of approval,” and therefore, a violation of the establishment clause. 530 U.S. 290, 308 (2000).

The situation before us is even more egregious than the school’s conduct in Santa Fe, because Gideons’ impermissible conduct is occurring during school hours rather than at a school-sponsored event. When religious activity occurs during school hours, there is an even higher chance of coercion because both the state and the child’s peer group may collude to advance a religious position so that, “children [may be] exposed to ostracism from their peer group members if they [do not] participate.” Wallace v. Jaffree, 472 U.S. 38, 42 (1985).

It is clear from U.S. Supreme Court precedent alone that Gideons International may not hand out bibles in the Logan County Schools without violating constitutions of the United States and the Commonwealth of Kentucky.

Kentucky Equality Federation
Legal Assistant
Laura C. Drake

Other federal case law contains additional strong support for the fact that the Constitution does not allow Gideons International in the public school system. While neither the Supreme Court nor any court in our jurisdiction has addressed the issue of the Gideons International bible program in public schools, several courts have considered the issue directly and found Gideons’ conduct to be an establishment of religion by the state and unconstitutional.

In Berger v. Rensselaer Cent. School Corp., the 7th Circuit Court of Appeals first pointed out the coercive element of Gideons International on school premises when it stated “the only reason the Gideons find schools a more amenable point of solicitation than, say, a church or local mall, is ease of distribution since all children are compelled by law to attend school and the vast majority attend public school.” 982 F.2d 1160, 1167 (1993). The court then had no trouble concluding that the school board, “acted with state authority in welcoming the Gideons into public schools,” and that Gideons International’s distribution of bibles was an impermissible infringement upon the schoolchildren’s constitutional right. Id. at 1169.

The 7th Circuit is joined by several district courts in finding that the distribution of bibles by Gideons International in the public school setting is unconstitutional. E.g., Goodwin v. Cross County School Dist., 394 F. Supp. 417 (E.D. Ark. 1963); Chandler v. James, 985 F. Supp. 1094 (M.D. Ala. 1997); Roark v. South Iron R-1 School Dist., 540 F. Supp. 2d 1047 (E.D. Mo. 2008).

As demonstrated above, binding U.S. Supreme Court precedent indicates that Logan County Schools may not allow Gideons International to pass out bibles in its schools; federal lower court case law supports this finding with reference to Gideons International specifically.

To the extent that your letter indicates the Logan County School Board’s willingness to allow Gideons International back into the Logan County schools at a future date, Kentucky Equality Federation restates its position that this action would violate both the commonwealth and federal constitutions.

As I mentioned in my first letter, I hope that this issue can be settled amicably in a manner that satisfies all parties. I trust that you will convey this letter to the board and again ask for their assurances that Gideons International will no longer be allowed to distribute bibles on Logan County School premises and that Logan County Schools has dropped any and all relationships with strictly religious organizations.

No additional warnings will be issued. Should the Logan County School Board permit Gideon Bibles to be distributed again, the school, the school board, and every member of the Board will be sued separately and individually in addition to the Kentucky Education Cabinet.

Please reference the first letter I sent to you: http://www.kyequality.org/2013/logan-county-cease.pdf

Kentucky House overrides Governor's veto of House Bill 279

House Bill 279 Statement

BY:  Jordan Palmer

Kentucky Equality Federation is extremely disappointed with House leadership for overriding House Bill 279, the "Forced Religion Imposition Act."  Allowing the House Democratic Caucus to vote 'anonymously' to decide to override the veto isn't open government and it isn't transparency, it is however cowardly. 

People and organizations around the commonwealth from mayors to citizen activists organized to oppose this dreadful and hurtful legislation. Kentucky Equality Federation has pushed to have this bill vetoed before it passed the Senate Judiciary Committee, but with overwhelming support from Republicans and Democrats, this is legislation we couldn't kill with a simple telephone call or meeting.

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 can impose their religious beliefs on others with legal authority to do so.

Kentucky lawmakers needed to define language in House Bill 279 before it became law such as what constitutes a ‘burden’ and what constitutes a ‘substantial’ burden to someone’s religious beliefs.

As noted by our Vice President of Legal, Jillian Hall, Esq., 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), though it remains federal law.

Until last night however, this law did not apply to the commonwealth of Kentucky.
As I have said before, the Kentucky Democratic Party is out of touch with the national Democratic Party. However, this was expected, given the continued loses Democrats have suffered since the 2010 election to Tea Party Republicans, Democrats cannot appear to be soft on Religion. Even with loses, this does not justify sacrificing your political beliefs.

Still, it remains to be seem if House Bill 279 can withstand a court challenge which our legal department is working on now. 

In the future, because of threats related to House Bill 279, not only will our toll-free number override anonymous callers, but being calling the Office of Chairman of the Board (the Chair and Vice Chair) or members of the Office of the President (the President and all Vice Presidents) will be recorded.  One lady also called to ask if it was legal to say LGBTI people are abominations at the rally the Family Foundation of Kentucky held on Tuesday.

House Bill 279 has the potential to harm local ordinances in place in Covington, Louisville, Lexington and Vicco.  Kentucky Equality Federation's legal department will sue the commonwealth of Kentucky with the first complaint we receive that House Bill 279 has been used to justify discrimination, termination, or school bullying regardless of sexual orientation or gender identity. 

People also made threats about the Red State Brief which Kentucky Equality Federation signed with 25 other statewide organizations with the U.S. Supreme Court. The brief contends that many local state laws are designed to routinely deny gay citizens basic civil rights, and many state codes are woven in a tangle that can only be unraveled by the courts.

Kentucky Equality Federation again thanks every person and every organization who made a stand with us on the right side of history.