�Hell Is Real� Billboard May Cost Kentucky Its Federal Funds

Some Kentucky legislators seem to have a thing about church-state relations.

If the Bluegrass State’s lawmakers aren’t busy pushing for Ten Commandments displays on public land or advocating for the Bible to be taught in public schools, they’re looking for other ways to give religion a little governmental help.

The legislature’s latest debacle involves an aggressive effort to keep a “Hell is real” billboard standing beside a major interstate highway.

The privately funded “Hell” billboard is positioned near Interstate 65 in Larue County. State officials say the sign should come down because it violates state and federal billboard laws.

“It had nothing to do with the message,” said Chuck Wolfe of the Kentucky Transportation Cabinet. “It was just the cabinet’s position that they are illegal because of their placement and the potential for distraction. That’s a highway safety issue.”

The billboard drew particular notice after the Federal Highway Administration sent a letter reminding state officials of the provisions of the federal Highway Beautification Act. That statute mandates that states must keep effective control of outdoor advertisements or risk losing some federal money for many transportation-related programs.

In other words, keeping the billboard standing could end up penalizing the state $42 million in federal funds.

Despite the potential cost, the situation sparked action from State Rep. Johnny Bell (D-Glasgow). Feeling that the billboard needed to be saved, he introduced a bill that would exempt religious and “non-commercial” messages on private property from the state Transportation Cabinet’s permitting process. (This came despite the fact that a judge has ruled the “Hell” billboard to be advertising and subject to the same laws as commercial billboards.)

Bell’s bill sailed through the House by an 80-16 vote and headed for the Senate. Unfortunately for Bell, some senators seem hell-bent on derailing the measure. They seem to believe that saving $42 million might be a little more important than saving a billboard.

Senate President David Williams (R-Burkesville), usually a fan of church-state entanglements, has even promised that the bill “is not going anywhere.”

f that is true, that would certainly be a wise and rational decision. It raises significant church-state concerns when a state legislature tries to pass special legislation to endorse a religious message.

Kentucky legislators have not always made the right church-state choices. To remind you, this is the same state where the legislature passed a law requiring the Kentucky Office of Homeland Security to stress “dependence on Almighty God as being vital to the security of the Commonwealth.”

Fortunately, a circuit court judge struck down that legislative profession of faith.

And then, in January, the state’s lawmakers tried to add a “21st-Century Bill of Rights” amendment to the state constitution, which would, among other things, have fostered the posting of the Ten Commandments in public places. (Twenty-two senators voted for the amendment, just two short of the super-majority needed to advance the measure.)

Add this to a long list of current bills reflecting serious church-state concerns, including those dealing with abortion, evolution instruction in science classes, Bible classes in the public schools and the creation of an “In God We Trust” license plate.

What can we say?

The Bluegrass State keeps Americans United staffers on their toes. We’re not saying we’re thankful for this – but it certainly keeps life interesting.

http://blog.au.org/2010/03/30/sign-o...federal-funds/