Kentucky officials won't fight tax break ruling for Noah's Ark project

Dot Mediano Tuesday, February 02, 2016

An artist rendering provided by Answers in Genesis, the ministry founded by creationism proponent Ken Ham, shows the proposed "Ark Encounter" theme park. | REUTERS/Answers in Genesis

Kentucky officials will not fight a federal court ruling in favor of a religious group building a gigantic Noah's Ark theme park.

Answers in Genesis won the legal battle over the state's withdrawal of a million dollar tax incentive.

A spokeswoman for Kentucky Republican Gov. Matt Bevin declared that the new governor's administration has no plans to appeal and was pleased with U.S. District Judge Greg Van Tatenhove's ruling.

According to Salt Lake Tribune, state tourism officials under former Democratic Governor Steve Beshear told the Christian group building the ark, a little over a year ago, that they would block the $90 million attraction from pursuing the tax incentive because of the park's religious themes.

U.S. District Judge Gregory Van Tatenhove ruled the state's tourism Cabinet could not exclude the Noah's Ark attraction from the incentive basing on its religious message and purpose. ABC News reported that the U.S. District Judge wrote in the ruling that the Kentucky officials attempted to impose requirements on the Ark tourism attraction project that were not imposed on any other applicants for the incentive. According to the ruling, one of those conditions was a promise of no discrimination by faith or religion with job seekers.

The U.S. District Judge ruled that faith-based group would be allowed to choose people to hire who adhere to certain religious beliefs given that they remain in compliance with the federal and state law as agreed in the tax rebate program application.

Harlan Daily reported that in July 2015, the lawyers for Answers in Genesis argued in a court hearing that the group should not face different treatment for the incentive for the having religious themes in the tourist attraction and asked for a temporary injunction against the state.

The Christian group hailed the ruling as a victory for the exercise of religious freedom. Despite the court battle, the Ark construction has proceeded. The Ark Encounter, featuring a 510-foot-long replica of Noah's Ark, is set to open in Williamstown in July later this year.