Ken Ham files lawsuit against Kentucky

[Esquilax]

1. Ark Encounters is a religious organization.

2. Federal Law carves out an exemption for religious organizations that allows them to discriminate in their hiring practices(Title IV of the Civil Rights Act of 1964).

3. State law carves out an exemption for religious organizations that allows them to discriminate in their hiring practices(KRS 344.090).

However, those exemptions are provisional, and do not necessarily apply in all cases; for example, the chances of gaining that exception drop when discussing a for-profit entity, and one for which the primary intent is not religious (despite what it is, Ham has been selling the Ark Encounter to the state as a theme park, not a religiously motivated enterprise, knowing as well as anyone that theme parks generate more business than religious exhibits, and to distance it from his last religious deal, the creation museum. For him to change his position now, when it suits him, will look highly suspicious to a judge, and will also not be surprising in the least.) Additionally, the intentional deception involved in Ham's attempts to skirt that fact won't play well; he can argue that he's legally covered all he wants, but it won't change the fact that he didn't argue that until the law had already come down against him. When he wasn't facing any consequences and had the opportunity to continue discriminating without a fight, he lied and attempted to hide what he was doing. Not the actions of a man who thinks he's obeying the law.