Kentucky Officials File Motion for Federal Judge to Dismiss Ken Ham’s Ark Encounter Lawsuit March 28, 2015

Kentucky Officials File Motion for Federal Judge to Dismiss Ken Ham’s Ark Encounter Lawsuit

We already know Creationist Ken Ham‘s Ark Encounter, better known as the Noah’s Ark theme park, is in trouble.

In December, they were ruled ineligible to receive a tax incentive worth up to $18,000,000 that could put their entire project in jeopardy.


They were ineligible for the rebate because Ark Encounter — a for-profit business — was discriminating in its hiring. That may be fine for their non-profit ministry, but it’s not okay for a business that wants the tax incentive.

It’s that simple.

But Ham and the folks at Answers in Genesis still don’t get that. They think Kentucky officials took away their rebate because of some sort of anti-Christian prejudice… which is, of course, bullshit. They even filed a lawsuit against the state.

On Friday, lawyers for the state of Kentucky filed a motion of their own to dismiss Ham’s lawsuit:

Even if the allegations in Plaintiffs’ Complaint are taken as true, Plaintiffs’ claims fail as a matter of law. The majority of the Complaint’s factual allegations are immaterial or implausible. Providing the public funding sought for religious purposes in this multi-count Complaint would constitute an unlawful establishment of religion under the federal Constitution and the more demanding Kentucky Constitution.

Further, the denial of public funds to Plaintiffs reflects no hostility toward Plaintiffs’ faith — and as a matter of law, there has been no violation of the Free Speech Clause, Plaintiffs’ Right of Expressive Association, the Free Exercise Clause, the Equal Protection Clause, or the Due Process Clause.

The 101-page document goes into a lot of depth — and contains a lot of citations — for why this should be a slam-dunk dismissal. Ham wants taxpayer money to fund his religious project. The law just doesn’t allow for that. Any judge should be able to see that.

(Thanks to Tony for the link. Large portions of this article were published earlier)

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