AU, Baptist Ministers Seek to Intervene in Ark Encounter Suit Against Kentucky

Baptist News is reporting that two Baptist ministers have joined forces with Americans United for Separation of Church and State to intervene on behalf of the state of Kentucky in its defense of denying tax breaks to Ark Encounter.  Bob Allen writes:

Americans United for Separation of Church and State submitted documents March 30 asking a federal court in Frankfort, Ky., to let the quartet intervene in a lawsuit filed Feb. 5 by Answers in Genesis alleging discrimination when the state turned down $18 million in state tax credits for the Ark Encounter project being built in northern Kentucky.

“In their complaint against the State of Kentucky, Ark Encounter has made it clear that a key purpose of the park is to try to convert people to their narrow brand of Christianity,” Chris Caldwell, one of the four, told Baptist News Global. “They are free to do so, but I strongly believe they have no right to force me to help pay for it with my taxes.”

Caldwell, pastor of Broadway Baptist Church in Louisville, Ky., joined Paul Simmons, a one-time professor at Southern Baptist Theological Seminary, and two others asking the court to give them a stake in the case. Caldwell is a member of the Baptist News Global board of directors.

Whether this changes the complexity of the suit is not clear.

In Hindsight...

I have rethought Ken Ham's argument that AU is employing a double standard by attacking the hiring practices of Answers in Genesis while using practices biased in the other direction, and discovered that I was wrong in my thinking.  It took a column by David Whitlock of the Springfield Sun to penetrate:

In this column, Whitlock accusing both AU and Ken Ham (who's name he misspells throughout) of putting up straw men in their arguments about the hiring practices of those who will work at the Ark Encounter.  He is correct in that Ark Encounter has not written their hiring practices and yet, somehow, there is a good bit of internet blather about how discriminatory those practices are.  But he then points out:

But it is here that Hamm misses the point, and in doing so, sets up a Straw Man himself, for Americans United’s letter to the Governor was not to object to either Answers in Genesis’ or Ark Encounter’s statements of faith. It is the concern that a religious organization will receive tax incentives while maintaining religious discriminatory hiring policies. (Ark Encounter would be eligible for sales tax rebates of up to $18.25 million over 10 years.)

Let’s be clear here: This is not an “atheist vs. believer,” or a “secularist vs. religious” issue, though Hamm may want you to believe otherwise.

Americans United is not the only organization that objects to tax incentives for organizations that promote religion.

Ham argues that AU is being disingenuous because there is no way that AU would never hire an evangelical Christian for their organization and that Barry Lynn knows this.  Here is why that analogy doesn't hold.  He is correct that AU would never hire someone who is an evangelical Christian and believes that there is no constitutional separation of church and state.  But they would hire someone who is an evangelical Christian and yet believes that there is a constitutional separation.  The argument doesn't (at least at this level) hinge on beliefs.  It hinges on an understanding of constitutional law.  The problem is that Ham thinks the two are the same thing and for some reason, so did I. 

What Hiring Practices?

Kentucky.com, the website of the Lexington Herald Leader, has an editorial chastising the state of Kentucky for giving out state aid to the in-progress Ark Encounter theme park.  Referencing the new project activity, they write:

It's back now with a scaled-back version and has received preliminary approval for $18.25 million in tax incentives, or 25 percent of the total project cost, from the Kentucky Tourism Development Finance Authority.

That's in addition to the 75 percent break in property taxes over 30 years that the city of Williamstown has awarded the project, the $11 million interchange upgrade the state has agreed to at the KY-36 Williamstown exit off I-75, and the $200,000 the Grant County Industrial Development Authority gave to keep the project there, along with 100 acres of reduced-price land.

Please, this has got to stop, as it should when the Tourism Development Finance Authority meets to consider final approval.

There have always been serious questions about whether granting tax incentives to a religious theme park violates the principle of separation of church and state, as Speaker of the House Greg Stumbo has asserted.

But even that question is overshadowed by the recent news that the organization which gave rise to the project, Answers in Genesis, requires job applicants to profess that homosexuality is a sin, the Earth is 6,000 years old and the Bible is literally true.

This is the second “letter” that I have seen excoriating the project developers for their hiring practices in absence of any hard information on what those hiring practices are. The first one came from AU. There is no link to such an article. Patheos also got on the band wagon and, in absence of any hiring practice documents, wrote:

However, it does not matter that the Ark Encounter has not written its hiring policies yet because that does not excuse discrimination.

What discrimination? Without written hiring practices how can there be discrimination?  Perhaps even more damning is that the link in Patheos is to an outdated copy of the job announcement which makes no mention of any religious requirements whatever.

But, even if there were hiring practices, Ham makes an even better point:

It is true that AiG, just as AU, is a 501c3 organization that receives tax deductible donations. And AiG, like AU, has the freedom because of the Statement of Faith of the organization to require employees to adhere to that statement. I’m sure AU wouldn’t want to employ a biblical creationist like me as its head, and AiG wouldn’t employ an atheist!

He is likely correct and I suspect that the kerfuffle over the hiring practices is simply a smokescreen in a larger attempt to forestall the building of the ark.  If Ham is correct, and they are the same sorts of organizations, then AU needs to address the perceived issue.  And if Kentucky.com is going to complain about these hiring practices, it needs to actually produce them.