MONTGOMERY, AL — Judge Roy Moore and the Foundation for Moral Law (http://www NULL.morallaw NULL.org/) applauded a Kentucky Court of Appeals (http://courts NULL.ky NULL.gov/courtofappeals/) decision issued today upholding a Kentucky homeland security law (http://162 NULL.114 NULL.92 NULL.72/COA/2009-CA-001650 NULL.pdf#xml=http://162 NULL.114 NULL.92 NULL.72/dtsearch NULL.asp?cmd=pdfhits&DocId=22315&Index=D%3a%5CInetpub%5Cwwwroot%5Cindices%5CCourt_of_Appeals_Index&HitCount=16&hits=1a+1b+2b+2c+7d+7e+8e+8f+aa+ab+6b6+6b7+c3e+c3f+c4f+c50+&hc=20&req=homeland+security) that acknowledged Kentucky’s “reliance upon Almighty God” for the “safety and security of the Commonwealth.”  The Court rejected a challenge by American Atheists, Inc. and ruled that the law does not violate the Establishment Clause, “but instead seeks to recognize the historical reliance on God for protection.“

Judge Moore and the Foundation, together with Col. Ron Ray and First Principles Press (http://www NULL.firstprinciplespress NULL.org/Home NULL.html) of Kentucky, had filed an amicus curiae brief (http://www NULL.morallaw NULL.org/PDF/KYSENATORS_FMLAMICUS%20BRIEF_5_10_10 NULL.pdf) in this case on behalf of 35 Kentucky Senators arguing that an acknowledgment of God does not violate the Establishment Clause of the First Amendment.

Click here to read the Kentucky Senators’ Brief. (http://www NULL.morallaw NULL.org/PDF/KYSENATORS_FMLAMICUS%20BRIEF_5_10_10 NULL.pdf)

Judge Roy Moore commented on the Court of Appeals’ opinion:

It’s a great victory for the Commonwealth of Kentucky. The Appeals Court recognized what we argued on behalf of thirty-five Kentucky Senators: that just like our National Motto “In God We Trust” and other examples throughout history, the mere acknowledgment of the sovereignty of the Judeo-Christian God was not a violation of the Establishment Clause–and it never will be.

After the Kentucky law was enacted, the radical American Atheists group filed a suit against the Commonwealth to block the law. Judge Thomas Wingate of the Franklin Circuit Court ruled the law to be a violation of the Establishment Clause (http://www NULL.atheists NULL.org/wiki/images/7/7e/AAvKYOpinion8-26copy NULL.pdf) of the First Amendment and a violation of the Kentucky Constitution. 

On appeal, the Foundation’s brief on behalf of the Kentucky Senators explained that the Establishment Clause only forbids laws “respecting an establishment of religion,” not laws that simply recognize our need for God’s protection.  The Founding Fathers wanted to prevent an official, national denomination, but even they acknowledged God and His Divine Providence in many official acts and laws.  Neither the words of the First Amendment nor their meaning have changed, and all judges ought to apply the original meaning of those words when interpreting the Constitution.  As the Court of Appeals affirmed, the Kentucky Homeland Security law does not establish a religion, but acknowledges God in a perfectly constitutional manner.