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Author Topic:   A Year in Jail for Not Believing in God?
subbie
Member (Idle past 1281 days)
Posts: 3509
Joined: 02-26-2006


Message 5 of 9 (680968)
11-21-2012 7:06 PM
Reply to: Message 1 by Bliyaal
11-21-2012 6:02 PM


The law the alternet article refers to requires the executive director of the state's Office of Homeland Security to
Publicize the findings of the General Assembly stressing the dependence on Almighty God as being vital to the security of the Commonwealth by
including the provisions of KRS 39A.285(3) in its agency training and educational materials. The executive director shall also be responsible for
prominently displaying a permanent plaque at the entrance to the state's Emergency Operations Center stating the text of KRS 39A.285(3);
KRS 39A.285(3) states:
39A.285 Legislative findings.
The General Assembly hereby finds that:
(1) No government by itself can guarantee perfect security from acts of war or terrorism.
(2) The security and well-being of the public depend not just on government, but rest in
large measure upon individual citizens of the Commonwealth and their level of understanding, preparation, and vigilance.
(3) The safety and security of the Commonwealth cannot be achieved apart from reliance upon Almighty God as set forth in the public speeches and proclamations of American Presidents, including Abraham Lincoln's historic March 30, 1863, Presidential Proclamation urging Americans to pray and fast during one of the most dangerous hours in American history, and the text of President John F. Kennedy's November 22, 1963, national security speech which concluded: "For as was written long ago: 'Except the Lord keep the city, the watchman waketh but in vain.' "
Nothing in that law provides for any penalty if the executive director refuses to comply and nothing in the law requires anyone else to do anything at all. I have no idea where the alternet author got her understanding of the law.
If there's another law relating to this issue, I haven't found it yet.

Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung

This message is a reply to:
 Message 1 by Bliyaal, posted 11-21-2012 6:02 PM Bliyaal has replied

Replies to this message:
 Message 7 by Bliyaal, posted 11-21-2012 7:40 PM subbie has replied

  
subbie
Member (Idle past 1281 days)
Posts: 3509
Joined: 02-26-2006


Message 9 of 9 (680986)
11-21-2012 7:56 PM
Reply to: Message 7 by Bliyaal
11-21-2012 7:40 PM


Perhaps this is where the AlterNet article author got her information about a year in jail
The Kentucky Court of Appeals ruled that the statute is constitutional, but there was a dissenting opinion. Senior Judge Shake wrote:
More troublesome though, is that the statutes are located within a chapter of the Kentucky Revised Statutes which further states any person violating any provision of this chapter or any administrative regulation or order promulgated pursuant to this chapter for which another penalty is not specified shall be guilty of a Class A misdemeanor. KRS 39A.990. Therefore, failure to abide by the challenged statutes is a crime punishable by up to twelve months in the county jail.
Now, the fact that is it punishable by up to one year in jail does not mean that anyone violating the statute would in fact actually serve a year in jail. In fact, for a first offense, it is quite unlikely that they would get a year. But that potential is there.
However, this doesn't change the fact that the only person to whom the statute applies in the director of the Office of Homeland Security. Nobody else is in danger of prosecution under this statute.
{AbE}
Oh, and the director wouldn't go to jail for not believing, but for not putting the plaque up, in the extraordinarily unlikely event of charges being brought and a conviction being obtained. And by extraordinarily unlikely, I mean no fucking way.
Edited by subbie, : As noted

Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung

This message is a reply to:
 Message 7 by Bliyaal, posted 11-21-2012 7:40 PM Bliyaal has not replied

  
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