Steve Beshear, then the Democratic governor of Kentucky, decided in 2014 that the project wouldn’t be eligible for certain tax breaks after learning that the park would “be an extension of (Answers in Genesis’) ministry” and would hire only Christians.
The church then filed a lawsuit alleging violations of its constitutional rights, and Judge Tatenhove agreed in this week’s ruling that the state had infringed on the group’s First Amendment protections by saying it wasn’t eligible for upwards of $18 million in credit.
“The court finds that the Commonwealth’s exclusion of AiG from participating in the program for the reasons stated — i.e., on the basis of AiG’s religious beliefs, purpose, mission, message or conduct, is a violation of AiG’s rights under the First Amendment to the federal Constitution,” Judge Tatenhove wrote.
“Because … AiG has shown a substantial likelihood of success on the merits of their federal First Amendment claims, the Kentucky Constitution cannot bar those claims,” he continued. “When balancing this finding against the other necessary factors, the court concludes that a preliminary injunction is warranted.”