Tag Archives: Kentucky

ACLU and Kentucky’s only abortion clinic sue over ultrasound law

By Steve Bittenbender

LOUISVILLE, Ky. (Reuters) – The American Civil Liberties Union sued Kentucky state officials on Monday to block a new law that requires women seeking an abortion to first undergo an ultrasound and hear a description of the embryo or fetus.

ACLU lawyers filed the lawsuit in federal court in Louisville on behalf of EMW Women’s Surgical Center, which the lawsuit said is the sole licensed abortion facility in Kentucky.

The requirement violates the speech rights of doctors and patients by forcing them to deliver and listen to a government-mandated message, the lawsuit argues. The surgical center is asking for a temporary restraining order and a permanent declaration that the law is unconstitutional.

The law is part of a renewed effort by abortion opponents nationwide to restrict the procedure. It was passed on Saturday by the Kentucky General Assembly, where Republicans swept to power after taking the state House for the first time in nearly a century, and signed on Monday by Governor Matt Bevin, also a Republican.

Bevin, in a statement on Monday, defended the law and several other recently passed measures as representing a new day for Kentucky. He said the measures would “protect our most vulnerable.”

The law requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff will also be required to describe what the images show, including the size of the fetus and any organs or appendages visible.

It does not contain exceptions for women who are facing medical complications or are victims of rape or incest. Lawmakers inserted an emergency clause allowing it to take effect immediately upon Bevin’s signature.

The lawsuit accuses lawmakers of “forcibly co-opting and perverting the informed consent process.”

While the bill received overwhelming support in both chambers of Kentucky’s legislature, even some of its supporters questioned whether the state risked a lawsuit.

Some 25 states have laws regarding ultrasounds and abortions, but only three states require medical staff to display and describe the images, according to the Kaiser Family Foundation, a non-profit group focusing on health issues.

Republicans have acted swiftly in their first week with majorities in the Kentucky legislature. Other measures they passed include prohibiting abortions after a pregnancy has reached 20 weeks, making Kentucky the 27th “right-to-work” state and allowing the governor to overhaul the University of Louisville’s board of trustees.

(Reporting by Steve Bittenbender; Editing by David Ingram and Lisa Shumaker)

Kentucky moves toward requiring ultrasound before abortion

ultrasound machine

By Steve Bittenbender

LOUISVILLE, Ky. (Reuters) – Kentucky’s new Republican House majority took the first step on Thursday toward requiring women seeking an abortion to undergo an ultrasound, acting swiftly to capitalize on winning control of the chamber for the first time in almost a century.

The 83-12 vote on the bill came on the third day of the state’s 2017 General Assembly session, the first in which the Republican Party has led the House of Representatives since 1921.

The bill requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff will be required to describe what the images show, including the size of the fetus and any organs or appendages visible.

Sponsors say the bill will better protect the health of women and provide the materials necessary for women to make an informed choice. Abortion rights advocates contend such laws are designed to frighten and shame those seeking an abortion.

Some 25 states have laws regarding ultrasounds and abortions, but only three states require medical staff to display and describe the images, according to the Kaiser Family Foundation, a non-profit group focusing on health issues.

While Kentucky’s bill passed easily, some supporters criticized the new House leadership for pushing the legislation through so quickly that it might open the state to a lawsuit if,

as expected, the bill becomes law.

“I think that had we had a chance to discuss this bill, we might have come up with something that was not going to open this state up to millions of dollars in litigation” costs, said Democratic state Representative Angie Hatton.

The state’s Republican-controlled Senate passed another measure that would outlaw abortions after 20 weeks of pregnancy. After passing the ultrasound bill, the House approved two measures strongly opposed by labor groups. The first was a proposal that would allow workers in union shops to receive union benefits without having to pay dues, The second measure would repeal prevailing wage laws Republicans say add expenses to state and local construction projects.

Leaders in both chambers plan to meet this weekend to pass bills to be sent to Republican Governor Matt Bevin for approval, House Republican Caucus spokeswoman Daisy Olivo said.

(Reporting by Steve Bittenbender; Editing by Dan Whitcomb and Peter Cooney)

Life Size Noah’s Ark opens; GM addresses ‘Freedom From Religion’ protests

The Ark Encounter Ribbon Cutting

By Kami Klein

On July 6th, with thousands of guests and media in attendance, the impressive ‘Ark Encounter’ opened its massive doors and another historic vision of Ken Ham, founder, president and CEO of Answers in Genesis (AIG) came to life.  The first of the AIG projects, the Creation Museum, a state-of-the-art 75,000-square-foot museum that brings the pages of the Bible to life, was opened in 2007 and has seen more than 2.5 million visitors.  

In a press conference, Ham addressed the crowd and spoke to the importance of a family-oriented, historically authentic and environmentally friendly attraction.

“In a world that is becoming increasingly secularized and biased, it’s time for Christians to do something of this size and this magnitude,’ said Ham.

The Ark Encounter is America’s newest, large theme park, and the one of a kind, life size, 510 foot-long Noah’s Ark is the centerpiece and considered to be the largest free-standing timber-frame building in the world.  This Ark was build to full scale on the dimensions provided in the Bible. (Genesis 6) using the Hebrew long cubit (cubit- an ancient measurement of length based on distance from the elbow to the fingertips)  and in accordance with sound, established nautical, engineering practices of the ancient era.

To give you an idea of the size of this structure, NASA could lay 3 space shuttles nose to tail on the ark’s roof and the height is taller than a modern four story building.

The ark has opened to much praise, but also has it’s critics saying that the attraction will be detrimental to science education.  The Freedom from Religion Foundation, (FRFF) concerned about school field trips to the exhibit, say that ark field trips would expose children to religious proselytizing in violation of the constitutional separation of church and state.  

Ham noted at the opening press conference that with the Ark Encounter, “the research indicates a large percentage – maybe 40 percent or more – will be non-Christians. People from all over the world have heard of Noah’s Ark.” Ham added, “I believe you’re going to find all sorts of people from all walks of life with all sorts of religious backgrounds who are going to come here. And even if they don’t share our biblical view, they can’t help but be impressed by the structure, craftsmanship and by the attention to detail of the world-class exhibits inside. And who knows? Maybe they’ll be challenged to even talk about the Bible.”

In his blog, Ken Ham responded to the “bullying” tactics of the FRFF on schools.  He was speaking to a published press release by the FFRF that stated they would be advising public schools in more than 1000 school districts against visiting the theme park and remind them of their constitutional obligations.  

Ham responded, “Actually, FFRF is undermining or encouraging the violation of the First Amendment by bullying school districts with this threat. (Their usual threatening technique is to try to intimidate people to do what FFRF wants—not what the Constitution of the United States of America guarantees!)

On the basis of the First Amendment of the U.S. Constitution, public schools are absolutely free to take students on field trips (with appropriate parental permissions) to facilities like the Ark Encounter and Creation Museum, provided they are for historical, recreational, or educational purposes. FFRF has no right (and no legal basis whatsoever) to intimidate public schools as they are trying to do in this letter sent to more than 1,000 schools.”

The Center for Religious Expression also spoke directly with Ham stating:  

“Once again, FFRF is wrong. Public schools are free to take students on field trips to any place they find educationally beneficial, which can include parks, museums, and even churches, that have religious connotations. The Constitution demands the state be neutral—not hostile—toward religion. To deny students the unique opportunity to see and experience a full-scale model of Noah’s Ark—just because its existence is described in the Bible—would be decidedly hostile.”

In response to the FFRF letter that has been sent to school districts, Kentucky Education Commissioner Stephen Pruitt sent a message to school districts Monday saying that “neither outside groups nor state education officials should dictate field trip selection. A school’s site-based decision-making council approves trips.”  

The Ark Encounter is an immersive, historically themed experience for the whole family focused on having fun while learning about history. It is not an amusement park. It features a number of daily live performances, as well as live special events. It also includes “edu-tainment” aspects – educational and entertaining experiences – within each attraction. More than 125,000 square feet of world-class exhibits can be explored along the Ark’s three decks.

 

Up to 2,000 People Involved in ‘Riot’ at Kentucky Shopping Mall

Anywhere between 1,000 and 2,000 people — a large percentage of them middle-school- and high-school-aged kids — were involved in multiple altercations during a chaotic scene at a Kentucky shopping mall on Saturday evening, according to multiple published reports.

The disturbances happened at Mall St. Matthews in St. Matthews, Kentucky, a Louisville suburb.

Police told the Louisville Courier-Journal that most of the children were unsupervised. Law enforcement was still working to determine what exactly touched off the altercations, which began in the shopping center and later spilled out into nearby parking lots and businesses.

Speaking to NBC News, St. Matthews Police Spokesman Dennis McDonald described the situation as “a riot.” He said “a series of brawls” broke out across “the entire mall,” adding that he had not seen anything like the events of the evening in his 33 years as a police officer.

The mall has 130 stores and more than 23 acres of leasable space, according to its website.

The Courier-Journal reported that police initially received a single call for assistance to break up disorderly conduct, but got “dozens of others” as more people joined in and the altercations became more violent. McDonald told the newspaper the conflicts appeared to fuel each other, and “kind of a mob mentality” developed. Officers from at least four agencies responded to the situation.

Police were still trying to determine if the fights were gang-related or pre-planned, the Courier-Journal reported. But McDonald told the newspaper that parents and guardians of many kids appeared to be using the mall as a “babysitter,” noting that police believe most of Saturday’s troublemakers took public transportation to the mall or were dropped off there.

McDonald told the Courier-Journal that the mall should consider adopting a policy that would bar children below a certain age from visiting the mall without a parent accompanying them. He told the newspaper that could ultimately help prevent other disturbances from occurring there.

Local television station WLKY reported there weren’t any reports of injuries or arrests stemming from the confrontations. However, the mall decided to close more than an hour early, and one business manager told the station he lost more than $1,000 because of shutting his doors.

The mall was open Sunday, WLKY reported, though police stepped up their security presence there.

Davis Case Brings Religious Freedom Issues to Forefront

The recent jailing of a Christian in Kentucky because of her stand for her beliefs is bringing about a national debate on the issue of religious freedom and religious accommodation.

Kim Davis, a county clerk in Kentucky, recently spent five days in jail because she refused to compromise her Christian beliefs.

“Thank you all so much. I love you all so very much,” she said. “I just want to give God the glory. His people have rallied, and you are a strong people. We serve a living God who knows exactly where each and every one of us is at. Just keep on pressing. Don’t let down, because he is here. He’s worthy.”

The lawyers in the case say the problem is that the judge involved with the case will not make an accommodation to Davis based on her faith that would allow her to complete her tasks without violating her “Constitutionally protected” freedom of speech.

“We’ve asked for a simple solution — get her name and authority off the certificate. The judge could order that,” attorney Mat Staver said.

Now, the Kentucky legislature has a majority of members calling on the Governor to hold a special session to look at religious accommodation laws and ways that the religious freedom of people of all faiths can be protected.  The Governor has refused stating a desire to not spend taxpayer dollars.

Missouri lawmakers have also announced an intention to introduce laws to “protect religious liberty.”

Kentucky Clerk Appeals Jail Order

Kim Davis, the Kentucky clerk who refused to hand out marriage licenses to same-sex couples, has appealed the contempt in court ruling that put her in jail last week.

“As a prisoner of her conscience, Davis continues to request a simple accommodation and exemption from Governor Beshear, who is overseeing Kentucky marriage policy,” the appeal states.

Davis is represented by the non-profit legal advocacy group Liberty Counsel, who officially appealed the decision Sunday with a three page motion that doesn’t list why she should be released, but amends Davis’ earlier appeal of the judge’s order. However, her reasons for refusing to issue marriage licenses were clear as she has repeatedly stated that she does not support same-sex marriage due to her religious beliefs. The Liberty Counsel argues that her religious beliefs are not being protected.

“The governor’s refusal to take elementary steps to protect religious liberties has now landed Kim Davis in jail,” Liberty Counsel founder and chairman Mat Staver said.

In June, Davis stopped issuing all marriage licenses shortly after the U.S. Supreme Court legalized same-sex marriage nationwide. Davis was sued by two homosexual couples and two straight couples. U.S. District Judge David Bunning, with the support of the Supreme Court, sided with the couples and ordered Davis to issue the licenses.

Davis still refused to issue marriage licenses, which led to Bunning ruling that Davis was in contempt of court for disobeying his order and Davis being sent to jail. However, the couples who sued Davis did not intend her for her to be jailed according to their attorney, Daniel Canon.

While Davis is behind bars, five of her deputies have agreed to hand out marriage licenses in her absence.

“Civil rights are civil rights and they are not subject to belief,” said James Yates, who was able to receive a marriage license on Friday after being denied five times.

Davis has now been in jail for five days, but Bunning stated that she could be in jail for a week or longer if she continues to refuse the his orders. Bunning has offered to release Davis as long as she allows her deputy clerks to continue handing out marriage licenses, but Davis refused.

“She’s not going to resign, she’s not going to sacrifice her conscience, so she’s doing what Martin Luther King Jr. wrote about in his Letter from the Birmingham Jail, which is to pay the consequences for her decision,” Mat Staver, one of Davis’ attorneys, said.

Staver added that Davis will remain in jail until a compromise is reached. He stated that his client would be willing to hand out marriage licenses if her name was removed from the licenses. The legislature could vote for the removal of clerks’ names from licenses, but the legislation won’t be in until January. Kentucky Governor Steve Beshear stated last week that he wouldn’t call for a special session because it would cost “hundreds of thousands of dollars of taxpayers’ money.”

The case has brought protests and rallies for each side. On Saturday, approximately 200 supporters of Davis’ decision gathered and prayed on Saturday. Several even shouted “Thank you, Kim” repeatedly and held up signs that read “Kim Davis for President.”

GOP Presidential hopeful, Mike Huckabee, has also openly supported Kim Davis and her decision. The former Arkansas governor plans to visit Davis and rally her supporters on Tuesday.

As for Davis, her attorneys say that she is in a cell by herself. She has been occupying her time by studying her Bible while in jail.

Minor Earthquake Hits New Madrid Fault

A minor earthquake struck the New Madrid fault Tuesday, the second quake on the fault line in the last two weeks.

The magnitude 2.7 quake struck around 8:46 p.m. Tuesday about 5 miles from the town of New Madrid, Missouri.  The Center for Earthquake Research and Information (CERI) at the University of Memphis said the quake was 5.9 miles deep.

Residents in northwest Tennessee, southeast Missouri and western Kentucky all reported slight shaking from the quake.

It’s the second minor quake along the New Madrid Fault in two weeks.  A magnitude 3.5 quake struck near Memphis, Tennessee on August 25th.

The New Madrid fault line is twenty times larger than the San Andreas fault line in California.

One Missouri official is calling on residents to check to make sure they have earthquake coverage as part of their homeowners insurance.  The U.S. Geological Survey estimates the probability of a 7.5 or greater quake in the next 50 years at 7-10%, with the possibility of a quake stronger than 6.0 at 25-40%.

Two Dead, Six Missing in Kentucky Flooding

Kentucky Governor Steve Beshear has declared a state of emergency after flooding that left two people dead and six people missing.

Severe storms raged through the state dumping inches of rain in just hours over parts of the state already saturated from previous storms.  The flash flooding swept through rural areas, washing away mobile homes and vehicles.

Among the missing is a man being hailed as a hero for saving his father, uncle and sister.  Scott Johnson went back after saving the first three from the flood waters to get his grandmother and a teenage nephew.  He jammed his nephew into a tree before the flood water swept him away along with his grandmother.

The grandmother’s body was found Tuesday.  Johnson is still missing.

“It just wears your legs out to walk,” said Gary McClure, the local emergency management director. “You walk from here to there in that mud and you’re ready to sit down. It just pulls you down.”

The other confirmed death was a 65-year-old man whose SUV was being swept away by flood waters and he tried to exit the vehicle to escape.

Police say that the search area for the missing stretches more than 8 miles through rugged Appalachian Mountains terrain east of Lexington.  Over 500 homes and 1,200 residents live in the area.

The National Guard has been called into the area to help with search and rescue efforts.

The forecast for the region is calling for more rain which officials say has “nowhere to go but roads, homes and yards.”

Kentucky Government Bows To Anti-Christianist Wishes

The government of Kentucky has bowed to the demands of anti-Christianists who have been smearing the proposed Noah’s Ark theme park in the northern part of the state.

The state has withdrawn $18 million in tax incentives after multiple anti-Christian groups and organizations harassed legislators and officials claiming the park will promote religion in violation of the mythical separation of church and state.

Ken Ham’s Answers in Genesis who is funding the $172.5 million dollar park is now considering a lawsuit against the state to challenge the decision.  The preliminary approval for the state tax-incentive program would have allowed them to keep 25 percent of state sales tax collected at the park for 10 years.

It could have meant more than $18 million that could be used to develop the park.

“State tourism tax incentives cannot be used to fund religious indoctrination or otherwise be used to advance religion,” Tourism Secretary Bob Stewart noted in the letter saying the state will now deny the funds. “The use of state incentives in this way violates the separation of church and state provisions of the Constitution and is therefore impermissible.”

The state is demanding Answers in Genesis not allow only Christians to be hired for the park.

“If you insist on the newly imposed condition … it will amount to unconstitutional viewpoint discrimination and my client will have no choice but to seek redress in federal court,” AiG attorney James Parsons wrote to the state.

Reality TV Show Snake Handling Pastor Dies From Snakebite

Jamie Coots, who was the star of the National Geographic Channel reality TV show “Snake Salvation,” has died after being bitten by a snake during a weekend service.

Coots was bitten by a rattlesnake during a service Saturday night in Middlesboro, Kentucky.  Emergency personnel arrived at the church from a 911 call but Coots had left the church and gone home.   Police and medical crews arrived at the pastor’s home around 9 p.m. and urged him to accept treatment but he refused.  A return visit by paramedics an hour later found the pastor dead.

His son Cody told FoxNews that his father had been bitten eight times before by rattlesnakes but never had such a severe reaction.

“In following Pastor Coots,” National Geographic channel said in a statement, “we were constantly struck by his devout religious convictions despite the health and legal peril he often faced.  Those risks were always worth it to him and his congregants as a means to demonstrate their unwavering faith.”

Snake handling is illegal in most states including Kentucky.