Ken Ham files lawsuit against Kentucky

[Heywood]

You're conflating Citizens United with Hobby Lobby.

I did. Apologies. I meant Hobby Lobby.

Fair enough,

From what I understand, Ham is claiming that the state is treating the Ark Encounter differently because it is a religious organization. The position of the state is that they are not, that they would deny tax rebates to any organization which discriminates in hiring. The wrinkle is a law which Ham claims gives him the right to discriminate.

Suppose Ham wasn't building a giant wooden ark but instead building the most awesomeist strip club on the planet. Further suppose that he discriminated in the hiring of his dancers by stipulating he would only hire girls who are under 95 years old. He probably has a legal right to discriminate that way. Does the state have the right to punish him by denying him access to the sales tax rebate program because he exercised his right to discriminate?