Supreme Court Denies Cert. In Establishment Clause Challenge To KY Homeland Security Statutes

The U.S. Supreme Court today denied review in American Atheists, Inc. v. Kentucky Office of Homeland Security, (Docket No. 12-613, certiorari denied 3/18/2013). (Order List.) In the case, a Kentucky state appeals court, in a 2-1 decision, rejected an Establishment Clause challenge to legislative findings enacted as part of Kentucky's 2002 Antiterrorism Act. The findings recited that "the safety and security of the Commonwealth cannot be achieved apart from reliance on Almighty God...." Another statute called on the state Department of Homeland Security to include in agency training and educational materials the language regarding reliance on God. (See prior posting.) The Kentucky Supreme Court denied review.