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The Balancing Test

The Balancing Test

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.

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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.

Senator Whitney Westerfield Announces Re-Election Bid

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CROFTON, KY — Republican state Senator Whitney Westerfield will seek re-election to Kentucky’s 3rd Senate district for a third term in office. His campaign will focus on continuing to achieve real results for the district and upholding conservative values.

Westerfield serves Christian, Logan, and Todd counties in Frankfort. He is also a life-long resident of Christian County and has been widely regarded as a workhorse for his district. “I am extremely grateful for the support I have received here at home,” said Westerfield. “Since 2013, I have helped pass bipartisan legislation, fought hard for government transparency, protected the unborn, worked to improve public safety, and promoted economic opportunity for the families in our district. I am as ready as ever to take your voices to Frankfort and lead the charge towards solving our most pressing issues.

Westerfield has served as chairman of the Senate Judiciary Committee throughout his time in office. He sponsored Senate Bill 200 in 2014, which brought about the largest reform to Kentucky’s juvenile justice system in 30 years.

Slow and steady wins the race,” said Westerfield. “Being a successful legislator requires persistence, which is why I’ve filed for re-election. I have been fortunate to see legislation come to fruition that has been years in the making. I promise to continue expanding opportunities for struggling Kentuckians and reforming policies that inadequately address the real issues our communities face.”

Westerfield’s current term in office stretches through 2020, when state lawmakers will be expected to write a new budget. “We have a Republican majority in Frankfort and a new, Democratic governor at the helm,” said Westerfield. “Looking at that dynamic alone, I can anticipate the challenges that will lie ahead. However, the good people of Western Kentucky expect their state leaders to find common ground.”


Westerfield has been an active member of the Kentucky Bar since October 2006. Because of his practical experience as a local attorney, his legislation has focused largely on improving the justice system and developing services that protect victims of crime. Westerfield’s prosecutorial record has included successful convictions on charges ranging from misdemeanors to homicide.

Kentucky's state Senate elections will take place in 2020. For more details on Senator Westerfield’s record and this campaign, please visit WhitneyWesterfield.com.

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Deception

There seems to be a great deal of confusion during this campaign season about the various groups that have gotten involved, either financially or with endorsements, with the races set to finish on November 4th.  This is particularly the case across Kentucky's House of Representative races – because this is the chamber of the legislature close to flipping control.  The Democrats hold an increasingly smaller edge in the House, as districts in the West (and elsewhere) begin to support more conservative candidates.

One of the organizations that routinely weighs in on legislation, and lobbies for policies they believe in is the Kentucky Family Foundation.  The Family Foundation is a policy shop that lobbies legislators on bills important to them and those who agree with the Foundation.  The Family Foundation does not spend money on campaigns or candidates.  The Family Foundation describes its Mission in part as follows:

Since 1989, The Family Foundation has stood as a continual bulwark against values and policies that attempt to undermine the cherished status and integrity of the traditional family. Since its first “policy battle” over The Kentucky Education Reform Act (KERA) and its influence in passing the 2004 Marriage Amendment, The Family Foundation has obtained a formidable presence in Kentucky. The Family Foundation has helped pave the way for pregnancy care centers in Kentucky. And while a small organization, it has been the greatest obstacle to expanded casino gambling, an industry parasitic and destructive to its culture and constituents.
— Kentucky Family Foundation - "Our Mission" excerpt

The Family Foundation is Christ-centered in all that it pursues.  This is their logo:

Kentucky Family Foundation – www.kentuckyfamily.org

Kentucky Family Foundation – www.kentuckyfamily.org

Unfortunately, in recent years, another organization has been created that does not lobby or advise on policy at all, but rather does spend money on campaigns and candidates.  This group, known as the Kentucky Family Values PAC (Political Action Committee), is organized entirely differently and intentionally aims to influence elections (while claiming to support candidates and policies to stop that from being allowed).  This group, which is certainly legally entitled to exist and function, is trying to blur the lines for unsuspecting voters.  This group does not have a Christ-centered approach to anything and recites a number of vague policy points that sound pretty good, such as:

Give Kentuckians of all ages the opportunity to succeed and live a full life in the best traditions of the Bluegrass State.
— Kentucky Family Values PAC - "What We Stand For," second to last bullet point

Ironically, the Kentucky Family Values PAC endorses pro-choice candidates and expressly guides voters to "Vote No" for pro-life candidates.  "Give Kentuckians of all ages the opportunity..." unless they're still in their mother's womb.  The PAC also endorses gambling and casino legislation, and has taken money from facilities like Kentucky Downs to support candidates who vote their way.  While I disagree with gambling/casinos entirely, but I'm not faulting the PAC's existence.  My objection (which is shared by a great many others) is that the PAC is going out of its way to confuse and obfuscate voters.

The organizers chose a name that sounds like the Kentucky Family Foundation's name.  Of all the policies they do support (such as abortion and gambling/casinos) none of them are mentioned on their site or in their printed materials or in candidate-endosring radio spots.  It's all poll-tested tag lines about "protecting families."  The Family Foundation, on the other hand, clearly states its position on every issue it can (see here and check the righthand column of the page).  The PAC doesn't mention gay marriage (which its endorsed candidates support), abortion (ditto) or gambling/casinos (ditto).

Finally, the Kentucky Family Values PAC made an interesting logo choice:

 
Kentucky Family Values PAC

Kentucky Family Values PAC

 

Now, scroll back up to the Kentucky Family Foundation logo.  Completely different, right?

As if campaigns weren't already challenging enough in getting the truth (and often a very complex truth) communicated in to the public, and as if elected officials weren't already fighting voter apathy (and as if voters aren't fighting campaign mud slinging fatigue), we have to contend with groups who are intentionally muddying the water to hide the ball long enough for their side to win.

If you hear Kentucky Family Values PAC, and you think you like what you hear, just be sure you know the truth about what they are and what they are not.

 I expect now for sure I'll be a target of theirs come 2016.