Ark Encounter Theme Park Wins Victory over Religious Discrimination
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."
The Ark Encounter with its 510-foot-long Noah's Ark recreation is set to open July 7, 2016 in Williamstown, Kentucky, just off Interstate 75. AiG also operates the Creation Museum in Petersburg, Kentucky.
