Kentucky Citizens Judicial President David Adams filed a lawsuit in state court yesterday challenging the constitutionality of a state law regulating health coverage options for Christians.
The case brings up issues about the proper role of government in healthcare just weeks before ObamaCare is supposed to take effect in Kentucky and around the nation.
"The Beshear Administration violating rights of Christians is nothing new, but us fighting back is," Adams said. "The Governor has chosen the side of evil in this fight and he will lose for several reasons, not the least of which is that we have the Constitution on our side."
Adams says Kentucky's Insurance Code effectively forbids a practice called "religious health sharing," an alternative to health insurance for people of faith. A decade long court battle to single out one such group of Christians ended last month with an agreement to let them practice their faith, but without resolving problems in the law.
"Kentucky's Constitution is unique in America in specifically prohibiting arbitrary application of the law and that is the most important fact in this case," Adams said. "You can't criminalize an activity as a government and then pick out some participants to grant special permission to proceed anyway. Western society has been fighting this kind of outrageous imperial behavior going back 800 years to the Magna Carta."
"Even the ObamaCare law gets out of the way of Christian health sharing for the most part. I don't know why Kentucky can't get this right, too," Adams said.
Governor Beshear has three weeks to respond to the lawsuit.