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A
federal judge says Kentucky can't block the Ark Encounter theme park
from taking part in a sales tax rebate program just because the park
"advances religion."
Kentucky wasn't going to let the park featuring a life-size
recreation of Noah's Ark enjoy the tax rebate because of developer
Answers in Genesis's religious beliefs, purpose, mission and message.
"I rejoice in the court's decision today," Answers in Genesis
President Ken Ham said in a news release. "The law is crystal clear that
the state cannot discriminate against a Christian group simply because
of its viewpoint, but that is precisely what happened here. The decision
today is a victory for the free exercise of religion in this country."
"The ruling is an important precedent. The court has affirmed a
longstanding principle that the Constitution does not permit a state to
show hostility towards religion," AiG lead attorney Mike Johnson said.
"The First Amendment does not allow Christian organizations to be
treated like second-class citizens merely because of what they believe."
The Kentucky program returns some of the sales tax raised by a
tourist attraction to that orgnization if it proves to have a
"significant net economic impact to the state."
AiG said in statement that former Kentuck Gov. Steve Beshear and
previous tourism secretary Bob Stewart had "expressed enthusiastic
support for the Noah's Ark theme park as an economic driver and job
creator for the state, until secularist groups began to exert their
vocal opposition."
AiG's lawsuit accused Kentucky of blocking their application to take
part in the sales tax incentive program because of the the Ark project's
religious messaging and potential preferences in hiring.
"If a tourist attraction, even one that as described here 'advances
religion,' meets the neutral criteria for tax incentives offered by the
Commonwealth of Kentucky, can the Commonwealth still deny the incentive
for Establishment Clause reasons?" Judge Greg Van Tatenhove asked in his
ruling. "This opinion is long but the answer to that question is short -
no."
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