Kentucky Equality Federation concerned with the voluntary student expression of religious viewpoints in public schools

House Republicans want to pass the voluntary student expression of religious viewpoints in public schools," stated Kentucky Equality Federation Southeastern Kentucky Regional Director Will Taylor. "The proposed legislation, House Bill 426 could create an 'open season' on gay and lesbian students (LGBTI) or any non-Christian student."

Kentucky Equality Federation Eastern Kentucky Regional Director Matt Berry stated: "Religious expression is any form of expression that is not a disturbance to the day-to-day function of the school or instruction. According to the Kentucky Department of Education, no school employee may endorse, promote, or discriminate against a religion when acting in their official capacity."

"House Bill 426 could blur or repeal existing school bullying laws in the name of religious freedom," concluded Southeastern Kentucky Regional Director Will Taylor and Eastern Kentucky Regional Director Matt Berry.

Kentucky Equality Federation respects the right of every person to their personal religious beliefs so long as those beliefs do not infringe on the civil rights or religious beliefs of others.


House Bill 426:

Amend KRS 158.183 to permit students to voluntarily express religious viewpoints in school assignments free from discrimination and to organize prayer groups, religious clubs, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups; create a new section of KRS Chapter 158 to require each board of education to adopt and implement a policy regarding voluntary student expression of religious viewpoints and to establish a limited public forum for student speakers at all school events at which a student is to publicly speak, including graduation; designate procedure for selection of student speakers; require subject of speech to be relevant to event; require district disclaimer indicating nonendorsement of the content of voluntary expressions by students. 

 Kentucky Equality Federation will continue to monitor the legislation.

#KY #KYGA14: Special Statement: Bourke v. Beshear and equality across the commonwealth

Richmond, KY - Kentucky Equality Federation welcomes the decision by Judge Heyburn. We believe strongly in equal rights and state sovereignty, and that both are not mutually exclusive.

"However, when a group of religious radicals defaced the Kentucky Constitution in 2004, making a document which guarantees freedom of conscience, life, liberty, and pursuit of happiness, their decision had broader ramifications than they expected. It is not acceptable to vandalize the Kentucky Constitution and violate the Commonwealth's own Bill of Rights, and then seek shelter behind the Federal Constitution's Tenth Amendment," stated Kentucky Equality Federation President Jordan Palmer.

Kentucky Constitution, Section 2: "Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority."

Kentucky Constitution, Section 26: "To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void."

Palmer continued:  "By these sections of the Kentucky Constitution's Bill of Rights, such a ban is unconstitutional. There is no special exception made for popularity of a measure, or whether absolute and arbitrary powers are granted by a later amendment. We stand with Kentucky and its own Constitution. While we wish the legislature had protected the constitutional rights of its own citizens without requiring a federal court's intervention, their inaction made this case inevitable. Free people will seek legal recourse from their oppressors, and they are to be commended when they do.

As president, I issue a warning to Kentuckians that this decision, while important, has a very narrow application. We expect that compliance with the decision will lag or be outright refused in some jurisdictions. Further, it still does not rectify, as it could not, the inability of LGBTI couples to marry within Kentucky, nor did it add a statewide LGBTI Civil Rights protection law."

Vice President K. Joshua Koch stated: "These issues must be addressed in the immediate future, or Kentucky will continue to be wracked by lawsuits. The legislators of Kentucky would do well to recognize that their inaction thus far has been rejected by concerned citizens, and further inaction will not be tolerated. The citizens of Kentucky are seeking equality by any means necessary. If our lawmakers in the Kentucky House and Senate are not up to the task of removing barriers of discrimination for certain citizens and taxpayers, those vulnerable members of society have a right to seek seek Judicial recourse or vote them out of office."

NOTICE: Some comments made by Vice President K. Joshua Koch have been moved by the President's Legal Department to our official blog. To read those comments, please click here.

####

DECISION OF THE UNITED WAY OF THE BLUEGRASS TO RESCIND FUNDING TO THE BLUE GRASS COUNCIL OF THE BOY SCOUTS OF AMERICA

"Decisions like this needlessly place Kentucky children in the crossfire,” stated Kentucky Equality Federation President Jordan Palmer. “The Boy Scouts of America are already facing hostility for their good decisions earlier this year by permitting openly-gay scouts to join. The Boy Scouts National Council voted in May to allow openly gay youth to join but maintained its ban on gay leaders. Radical social conservatives are undercutting the Boy Scouts of America, terminating affiliations, discontinuing support, and trying to establish homophobic-based competing organizations. Meanwhile, the Boy Scouts of America, having made a positive step in resolving inequality issues, are now receiving attacks from pro-equality forces for not moving fast enough. The non-discrimination policy must be a new one for the United Way of the Bluegrass since they continued to fund them even when would not permit openly-gay scouts to join in previous years. This is a knee jerk reaction that sets a horrible example.

Organizations are fostering the very intolerance, anti-diversity, and anti-equality ‘traditional values’ we seek to eliminate, but I am sad to say that some are not practicing the very values we seek.

This is not a new issue, and the timing of this decision actually sets back the equality movement because it allows anti-equality forces to use this as anti-equality propaganda. Now is the time to acknowledge positive growth and support it, rather than to attack groups moving in the right direction, after all, Rome wasn't built in a day and neither will the fight for tolerance, diversity, and equality. The actions of the United Way solidify intolerance to an institution struggling to change.

It is our fear that, in this period of transition, we risk destroying an institution that brings positive value to the lives of children across the country. We ask the Boy Scouts of America to continue their progress. We also ask that progressive organizations not join forces with the radical social conservatives in exterminating the Boy Scouts over this issue. Institutions change over time, but that takes time and work. Now is a time for support and positive growth toward equality, not for using the hateful tactics of radical social conservatives against a group evolving toward modern equality."

In an email to Kentucky Equality Federation, this parent says it best: "Change takes time, and now is the time.  Many conservative groups have disassociated themselves from Scouting because of the progressive movement.  It is very damaging to Scouting to also be criticized by progressive groups."

“We request that United Way of the Bluegrass reconsider its decision in light of the damage it does to the equality movement and the children of Kentucky,” said Kentucky Equality Federation Vice President of Policy and Public Relations Joshua Koch. “While we support defunding legitimate anti-equality organizations, we recognize the advances made by the Boy Scouts, and we hope that they will continue to develop their standards in a more equal direction. We should reward their progress, and help them grow further in the future.”

Kentucky Equality Federation sues the Commonwealth of Kentucky for marriage equality

On Tuesday, September 10, a lawsuit was filed on behalf of the Kentucky Equality Federation against the Commonwealth of Kentucky.

This lawsuit is the latest attempt to achieve equal rights and protections for families across the Commonwealth whose very existence has been banned by the forces of religious zealotry and hatred.

NOTE: A complete digital copy of Kentucky Equality Federation v. Commonwealth of Kentucky is available here in PDF format, the Case # 13-CI-1074. The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq., and Mark A. Morenz-Harbinger, Esq.

At the heart of the suit is the premise that the 2004 amendment to the Kentucky Constitution was passed in violation of the Constitution.

Jill Hall, Esq.,
Vice President of Legal

"In 2004, social conservatives, who normally try to hide behind the Constitution, decided that it wasn't good enough for them anymore," said Kentucky Equality Federation President Jordan Palmer.

They decided to rewrite a document which guarantees freedom and to pervert it to fit their own jaded hatred of gay and lesbian couples. This was done despite the fact that it negated part of the bill of rights. We, as Kentuckians, must undo this immoral amendment which subverts the soul of our Commonwealth, our rights, and the government of Kentucky.

Lawmakers in Frankfort put something to the people for a vote that was unconstitutional if you read Kentucky’s constitution. The Kentucky constitution is the supreme governing document of the commonwealth; its provisions provide GREATER freedoms than the U.S. constitution.

Kentucky added a facially unconstitutional amendment to its constitution via a ballot initiative process. Thus, the attempt to abrogate constitutional sensibilities in favor of a ballot initiative, as was done for Section 233A of the Kentucky Constitution in 2004, is against the very notion of equal protection as guaranteed to each and all of Kentucky’s population. This should be held as true as a matter of law by the Courts, regardless of the ballot’s outcome."

"Fear of the LGBTI community reached a high-water mark after DOMA," said Kentucky Equality Federation Vice President of Policy & Public Relations Joshua Koch.

"Roving bands of lobbyists funded by extremist elements traveled the country for years vandalizing generations-old institutions and spreading lies and fear in several states. In 2004, they struck Kentucky, traditionally a leader in the region on civil rights, and managed to apply their graffiti to the Constitution, which had been in effect for 113 years. We are simply trying to undo the damage done."

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.