THE FAMILY FOUNDATION

The answer to the question of whether the Kentucky Constitution has bearing on the Boyd County case is both "yes" and "no." "No" in the sense that the constitution in no way mandates sensitivity training or even rights based on sexual preferences or sexual orientations. But "yes" with respect to the fact that students and parents have numerous rights, many echoing what the U.S. Constitution clearly delineates.

Perhaps the most salient portion relates directly to freedom of conscience as it references schools. Section 5, which addresses the Right of Religious Freedom specifically says, ". . . nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed."

Though clearly, no one is forcing the parents of any child to attend the public school that they attend in Boyd County, on another level most of those same parents cannot afford private school and are unable to home school. *AND,* once parents have chosen the school, how can the school system change its entire program and begin demanding that all students participate in a controversial and conscientiously objectionable program? Is that not a bait-and-switch that ultimately coerces parents to pull their children out of school, and thus, discriminate against them and their child based on their conscientious beliefs?

But even more clarity can be found in the same section several phrases later: "No human authority shall, in any case whatever, control or interfere with the rights of conscience." That begins to ring a bell when you consider the current ACLU agreement teaches children that homosexuality is normal, inborn and totally acceptable.

**The Kentucky Constitution Section 5** **Right of religious freedom.**

No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; **nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed;** and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. **No human authority shall, in any case whatever, control or interfere with the rights of conscience.**

Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.
Key Family Foundation Contacts: Kent Ostrander , Executive Director Martin Cothran , Senior Associate Policy Analyst

The answer to the question of whether the Kentucky Constitution has bearing on the Boyd County case is both "yes" and "no." "No" in the sense that the constitution in no way mandates sensitivity training or even rights based on sexual preferences or sexual orientations. But "yes" with respect to the fact that students and parents have numerous rights, many echoing what the U.S. Constitution clearly delineates.

Perhaps the most salient portion relates directly to freedom of conscience as it references schools. Section 5, which addresses the Right of Religious Freedom specifically says, ". . . nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed."

Though clearly, no one is forcing the parents of any child to attend the public school that they attend in Boyd County, on another level most of those same parents cannot afford private school and are unable to home school. AND, once parents have chosen the school, how can the school system change its entire program and begin demanding that all students participate in a controversial and conscientiously objectionable program? Is that not a bait-and-switch that ultimately coerces parents to pull their children out of school, and thus, discriminate against them and their child based on their conscientious beliefs?

But even more clarity can be found in the same section several phrases later: "No human authority shall, in any case whatever, control or interfere with the rights of conscience." That begins to ring a bell when you consider the current ACLU agreement teaches children that homosexuality is normal, inborn and totally acceptable.

The Kentucky Constitution Section 5 Right of religious freedom.

No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.

Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended.