Greetings,

In 2006, Kentucky Fairness Alliance (KFA) initiated a legal challenge, involving $11 million in state funds being appropriated to a private, religion-based institution, University of the Cumberlands, that is on-going today.  This case continues to move forward and will ultimately be decided by the Supreme Court of Kentucky! 

Case History

April, 2006 – Initial case filed and proceedings began 

March, 2008 – Ret. Franklin Circuit Judge Crittenden ruled that such funding violated several sections of the Kentucky Constitution 

April, 2008 – University of the Cumberlands requested their appeal be moved from the Court of Appeals to the Supreme Court of Kentucky  

December, 2008 – Transfer motion granted by the Supreme Court of Kentucky 

March, 2009 – University of the Cumberlands filed their brief for the Court.  Also, briefs were filed in support of KFA’s position by the Kentucky Education Association, American Civil Liberties Union, and the American Jewish Congress 

May, 2009 – Brief of Appellees filed

The University of the Cumberlands expelled honor student Jason Johnson in April of 2006, simply because he is gay. Shortly after Jason's story broke, our allies in the legislature alerted us to the multi-million dollar recurring appropriation, tucked quietly into the 2006 state budget. 

The timeline going forward could place oral arguments, if allowed by the Court, in mid-to-late fall. 

Your support of KFA remains crucial as we say that state-subsidized discrimination is wrong! 

David Tachau, Louisville attorney of Tachau Meek PLC, continues to represent KFA, Christina Gilgor, Rev. Dr. Pennybacker, Rev. Dr. Simmons, and the Jefferson County Teachers Association in this case.  Tachau Meek PLC is handling this case pro-bono.

KFA says, “The General Assembly’s proposed Pharmacy School Building and Pharmacy Scholarship Program appropriations are prohibited under sections 5, 171, and 189 of Kentucky’s Constitution...” (Brief of Appellees, May, 2009).   

Please consider making a donation to KFA today. With a contribution, you are supporting our efforts for fairness in the Commonwealth.  

In Fairness,
Your KFA Team!