Rep. Jason Petrie (Elkton) and Sen. Whitney Westerfield (Crofton)
Benjamin Franklin observed long ago, "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety." Government acts properly when it offers support to the people and does so while holding sacred their constitutional liberties. Kentuckians grant this limited authority to government to carry out this supportive role, but retain sole authority to decide what is best for themselves.
No one questions that government should take action in times of emergency, but it must be balanced both to meet the emergency and preserve our “essential” liberties. Rights exist not only in times of peace and tranquility, but also in times of emergency. Recent rulings by federal courts have determined that Governor Andy Beshear issued orders in response to COVID-19 that failed to maintain the required balance and violated Kentuckians’ constitutional rights.
Governor Beshear violated the federal and Kentucky constitutions by discriminating against people of religious faith. Rights associated with religious liberty receive particular constitutional priority. Arguably, there is no more important right than the right to hold religious beliefs and act upon them. The Governor’s blanket orders prohibited people of faith from gathering at their houses of worship while many other places were left open and encouraged to use CDC guidelines such as social distancing and practicing safe hygiene. The Governor did not extend the same opportunity to houses of worship.
“Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.“
Similarly, the Governor’s orders unconstitutionally prohibited Kentuckians from traveling. The right to travel applies broadly among Kentuckians and poses a great threat when restricted. The mobile nature of society requires the ability of persons to travel without undue restriction, and is especially significant where there is no natural border between states.
Whether constitutional rights are honored eventually is irrelevant. Constitutional rights are so foundational to our civil society and the balance of power between government and the governed, that they warrant expedited review by courts to avoid irreparable harm. If the government delays considering an issue, it effectively terminates any real protections afforded by the constitution. Regrettably, Governor Beshear has chosen in each legal challenge to wait for a court ruling detailing the Governor’s violations before issuing new orders.
Recently, a group of Kentuckians filed another lawsuit against Governor Beshear for violating their constitutional rights to assemble peaceably and protest. Stationing Kentucky State Police in and around the Capitol to restrict access, banishing demonstrators to a distant parking area, and placing Emergency Response Team members with sharpshooter equipment in and atop the Capitol Annex, evidences a government-first mentality that belies a fear of the very people government is charged with serving. Constitutional rights cannot yield to the executive branch, especially at the seat of its operations. Our federal and state constitutions memorialize the fact that the rights of each person existed prior to government, and that those rights are superior to both kings and governors.
Governor Beshear, in particular, cannot plead ignorance of the law or inexperience in government. The Governor is the son of an attorney, and an attorney himself. The Beshear family has been in state government for the last five decades. He is the son of a former House member, lieutenant governor, and governor. Immediately preceding his current position, the Governor acted as Attorney General charged with defending constitutional rights. This Governor, more than any, should understand constitutional rights and appreciate the necessity of their full protection.
Only during its next regular session, which convenes in January 2021, may the General Assembly act on behalf of the people by modifying existing laws, enacting new legislation, adopting resolutions, performing official inquiries, censuring and impeaching. Until then, note carefully the actions of this Governor.
###
Rep. Jason Petrie (Elkton) represents the 16th House District, including all of Todd and Logan Counties, and a part of Warren County, Kentucky. Sen. Whitney Westerfield (Crofton), represents the 3rd Senate District, including all of Christian, Todd and Logan Counties. Both legislators serve as Chair of the Judiciary Committee for their respective legislative chambers.