Opinion

Gingerich v. Commonwealth

  • 382 S.W.3d 835
  • 2012 Ky. LEXIS 175
  • 2012 WL 5285697
Court
Kentucky Supreme Court
Filed
Oct 25, 2012
Status
Published
Author
Venters
On the bench
Abramson, Cunningham, Minton, Noble, Only, Schroder, Scott, Venters
Cited by
10 cases

finding that the free-exercise-of-'religion protections in Sections 1 and'5 of the Kentucky Constitution do not offer more protection than the “same or similar section of the federal constitution”

How later courts described this case

  • finding that the free-exercise-of-'religion protections in Sections 1 and'5 of the Kentucky Constitution do not offer more protection than the “same or similar section of the federal constitution”
  • law mandating the use of slow moving vehicle emblem “aimed at protecting public safety on the highways” was at odds with “Amish way of life” but not unconstitutional

Written by the judges who cited it.

The opinion

VENTERS, J.,

concurs in result only by separate opinion:

I concur with the Majority’s conclusion: the enforcement of KRS 189.820 against *845 Appellants does not violate their religious liberty under either the Kentucky Constitution or the United States Constitution. However, I write separately to register my disagreement with the proposition that the protection of liberty provided by the Kentucky Constitution simply mirrors the comparable protections afforded by the federal Constitution.

The words used in each document are somewhat different and each document should be interpreted in light of the words used within it. To the extent that the different words used may describe the same concept, some of the protections afforded by one document may overlap with the other. However, to the extent that different words denote different meanings, each Constitution must be respected in its own right.

This Court is the final arbiter of the meaning of the Kentucky Constitution, and our interpretation of its terms should not be constrained by the opinions of federal courts interpreting the United States Constitution. Those opinions may be instructive and influential in our review of our state Constitution, but they do not control the meaning of the Kentucky Constitution; nor do they define the protections of liberty contained therein. We should no longer tether the meaning of the Kentucky Constitution to the pendulum of the federal court interpretations of the federal Constitution.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.