Ken Ham’s Ark Encounter Runs Aground on Kentucky Anti-Discrimination Laws
Posted by mattusmaximus on October 29, 2014
As I have documented many times before, uber-creationist Ken Ham has been trying to get a new attraction built named Ark Encounter (which is Ham’s version of the mythical Noah’s Ark) that would boost lagging attendance at his Creation Museum. And he’s been trying to get the state of Kentucky to fund this misadventure with public dollars and tax breaks, with varying degrees of success; though, sadly, up until this point the KY officials have appeared all-too-willing to accommodate Ham. If you want to read the full background on this slow-motion train wreck – and the various scientific and church-state issues it raises – feel free to read here, here, and here.
What I want to focus upon in this latest post is a new and highly troublesome wrinkle in Ham’s plans to pull the wool over the eyes of Kentucky public officials. It seems that Ham billed Ark Encounter as a for-profit venture while also simultaneously seeking tax breaks and other goodies from the public trough; however, because Ark Encounter is under the auspices of Ham’s Answers In Genesis creationist organization, he appears to want to force any potential Ark Encounter employees to sign on to the Answers In Genesis “Statement of Faith”.
According to this New Civil Rights Movement article, this statement would require of Ark Encounter employees:
Indeed, as The New Civil Rights Movement reported, Daniel Phelps, the president of the Kentucky Paleontological Society and vice president of Kentuckians for Science Education wrote an op-ed in which he details the issue. “On the day the tax incentives were recommended, the Answers in Genesis website had a help-wanted advertisement,” Phelps explained.
The job description included this statement: “Our work at Ark Encounter is not just a job, it is also a ministry. Our employees work together as a team to serve each other to produce the best solutions for our design requirements. Our purpose through the Ark Encounter is to serve and glorify the Lord with our God-given talents with the goal of edifying believers and evangelizing the lost.”
Ham claims that the Ark museum will be run separately and differently from the Creation Museum.
But job postings at Answers in Genesis include this statement: “All job applicants for the non-profit ministry of AiG/Creation Museum need to supply a written statement of their testimony, a statement of what they believe regarding creation, and a statement that they have read and can support the AiG Statement of Faith.”
The AiG Statement of Faith claims “it is imperative that all persons employed by the ministry in any capacity, or who serve as volunteers, should abide by and agree to our Statement of Faith, to include the statement on marriage and sexuality, and conduct themselves accordingly.”
It also requires all employees to believe and support “the proclamation of the gospel of Jesus Christ as Sovereign, Creator, Redeemer, and Judge,” and the “66 books of the Bible are the written Word of God. The Bible is divinely inspired and inerrant throughout. Its assertions are factually true in all the original autographs. It is the supreme authority in everything it teaches. Its authority is not limited to spiritual, religious, or redemptive themes but includes its assertions in such fields as history and science.”
And that’s just for starters.
Whoops – that’s a real legal no-no. It’s so much of a legal no-no that now, finally, those public officials in Kentucky who have been so willing, up to this point, to give a wink and a nod to Ken Ham and his creationist nonsense can no longer turn a blind eye to his shenanigans. This Courier-Journal article outlines some details:
“The Commonwealth doesn’t believe that Ark Encounter, LLC will be complying with state and Federal law in its hiring practices,” Bob Stewart, secretary of the Kentucky Tourism, Arts and Heritage Cabinet, said in an Aug. 27 letter to an Ark Encounter attorney.
Stewart wrote that “serious concerns” were raised by a job posting for an Ark Encounter position that required applicants to provide salvation testimony, a creation belief statement, and agreement with the “Statement of Faith” of Ark Encounter’s parent organization, Answers in Genesis.
“Therefore, we are not prepared to move forward with consideration of the application for final approval without the assurance of Ark Encounter, LLC that it will not discriminate in any way on the basis of religion in hiring,” Stewart wrote.
James Parsons, a Covington attorney representing Ark Encounter, responded to Stewart saying that the job posting that triggered Stewart’s concern was not for Ark Encounter, but Answers in Genesis.
Parsons wrote that Ark Encounter stands by its longstanding commitment to “comply with all applicable federal and state laws” on hiring and said that Stewart was adding a new requirement to Ark Encounter’s application for tax incentives.
Not so, Stewart replied Sept. 4. “The Commonwealth does not provide incentives to any company that discriminates on the basis of religion and we will not make any exception for Ark Encounter, LLC…” Stewart wrote. “The Commonwealth must have the express written assurance from Ark Encounter, LLC that it will not discriminate in any way on the basis of religion in hiring.”
That last communication between KY officials and Ken Ham’s organization took place almost two months ago, and since that time there has been no written assurance from Ark Encounter that it won’t discriminate in hiring on the basis of religious beliefs. Now why would that be? Well, the Americans United for the Separation of Church and State have an idea, and I think it’s a pretty good one, as to why Ken Ham has suddenly gone quiet on the question:
Alex Luchenitser, associate legal director for Americans United, said in a phone interview, “We’re pleased with this development. It sounds like the state of Kentucky has a policy of not providing tax incentives to organizations that discriminate and that the state is sticking to its guns in this.”
Luchenitser said he believes there is a reason that Ark Encounter does not want to provide an express assurance it will not discriminate based on religion in its hiring practices yet insists it will comply with all federal and state hiring laws.
“I think what’s going on here is that Ark Encounter’s position is that federal and state law allows them to discriminate in hiring based on religion — that they are entitled to an exemption from the federal and state anti-discrimination statutes that is afforded certain religious organizations. We think they’re wrong on that,” Luchenitser said. “… And we believe Ark Encounter is not entitled to that exception because it is a for-profit organization.”
In other words, it seems that Ken Ham wants to have his cake and eat it, too. He wants to be able to make money off of Ark Encounter, thus labeling it “for-profit”, yet he also wants to use it explicitly as a way of spreading his fundamentalist religious beliefs, even to the point of forcing those beliefs on potential employees. Of course, none of this surprises me, because once you understand that true-believers like Ham really do think they have God on their side, then any kind of behavior, no matter how underhanded or hypocritical, is acceptable in their quest to “save souls”.