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

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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Whitney's Weekly Update - Week 8

​As the Senate eagerly awaits a budget proposal from the House of Representatives, we have been busy passing bills both out of committee and out of the Senate to send to our House colleagues during the eighth week of the 2016 Kentucky General Assembly.

Senate Bill (SB) 43 was one of the most prominent bills to pass this week. SB 43 would create death benefits for Emergency Medical Service personnel killed in the line of duty. This bill was introduced in honor of John Mackey, a paramedic from Jessamine County who was killed in the line of duty last year. We were honored to have his wife, Janine Mackey, join us as we passed this bill through committee and off the Senate floor.

We passed a similar bill in SB 195, which would create death benefits for firefighters who died from cancer presumed to be caused from their duties. Kentuckians enjoy the heroism and service of fire and emergency responders everyday. My family has been touched by their work as I'm sure yours has been, directly or indirectly. We owe those who serve our communities in such dangerous ways. Firefighters are significantly more likely to develop some forms of cancer. Many assume the lung cancer is the primary kind, but it's actually more prone to appear in other organs. The plastics, chemicals and soot, either from the fire and burning materials or the suits they wear, remains in their boots and their gear and is absorbed through the skin. Senators Morgan McGarvey (D, Louisville) and Albert Robinson (R, London) are responsible for bringing this to the Senate for a vote.

SB 14 is a bill that received a great deal of attention. Sponsored by Sen. Paul Hornback (R, Shelbyville), SB14 would prohibit the ancillary activities involved in dog fighting. Every state has outlawed fighting, but Kentucky didn't have an express prohibition on training, breeding or related activities for the purpose of dog fighting. As a result, Kentucky had become something of a safe harbor for dog fighting enthusiasts. Importantly, the bill specifically protects the lawful uses of dogs in agriculture and hunting. Hopefully the bill will see passage in the House and close the door on this behavior in the bluegrass. I extend a big thanks to the advocate community for working on this effort for the last several years, a testament to the power of the people in government!

In the coming weeks I want to highlight an issue that continues to be debated and discussed: felony expungement. There are valid arguments in favor of creating such a mechanism and in favor of not doing so. I and others are making an effort to chart a middle course if we can find one.

In the meantime, other work continues. I have bills still to be filed related to the disproportionate minority contact in the juvenile justice system, and we continue to monitor the implementation of 2014's SB200 juvenile justice reform. I'm excited to share that another state has taken the next step to improve its juvenile justice system using Kentucky and other states as models. The Kansas Senate passed SB367 by a 38-2 vote earlier this week, and the bill now heads to the Kansas House. Similar to Kentucky, Kansas found it was wasting precious resources and even worse, having an adverse impact on the lives of children. I am grateful that Kentucky has helped lead the nation on a critical reform movement making a generational difference for the better in the lives of children in the Commonwealth and beyond.

If you have any questions or comments about these issues or any other public policy issue, please call my Capitol Office at (502) 564-8100 or email me. Follow me on Twitter or Facebook for regular posts and updates during the week!