State money cannot go to church school, judge rulesHerald-Leader
By Jack Brammer and Linda Blackford
March 6, 2008FRANKFORT — The General Assembly violated the state Constitution when it appropriated $10 million to the University of the Cumberlands for a pharmacy building and $2 million for a pharmacy scholarship program in 2006, a judge ruled Thursday.
In an 11-page order that can be appealed, retired Franklin Circuit Judge Roger Crittenden ruled in a summary judgment that “there is no question that the appropriation of $10 million (of) tax dollars to the university to construct a pharmacy building is a direct payment to a non-public religious school for educational purpose.“
This type of direct expenditure is not permitted by the Constitution of Kentucky,” he wrote.
Concerning money for the pharmacy scholarship program, Crittenden said the legislature violated a section of the Constitution when it used the budget bill to enact a permanent program.
Crittenden’s order did not address allegations in the lawsuit that the Southern Baptist school in Williamsburg discriminated against a student’s expressions of free speech. The legislature’s appropriation occurred a few weeks before University of the Cumberlands kicked out Jason Johnson, a junior from Lexington, because he stated on a Web site that he is gay.
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This court does not need to decide this issue to reach a decision in this case, but this is exactly the ‘entanglement’ between government interests and religious institutions that the Kentucky Constitution prohibits,” Crittenden said.
Near the end of the 2006 General Assembly, Senate President David Williams, R-Burkesville, earmarked the money to the university from coal severance tax receipts. He said the appropriation was justified because his part of the state needs a pharmacy school to address a shortage of pharmacists.
The plaintiffs in the lawsuit included the Rev. Albert M. Pennybacker of Lexington, representing the Interfaith Alliance; the Jefferson County Teachers Association; and the Kentucky Fairness Alliance, representing lesbian, gay, bisexual and transgender people. The plaintiffs filed suit in April 2006, arguing that the state appropriation was illegal under Kentucky’s constitution.
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- What?!?! The hell you say. I thought god's law is always superior. Well, I'm certain that Senate President David Williams-(Retard) is appalled to find that this judge has the termerity to think that Repukes must obey the law like everyone else. The nerve!!! What is this world coming to when a judge expects even "The Anointed" to obey the law like everyone else?!?!?!========================================================================
DeSwiss