Tom Loftus reports in the Louisville Courier-Journal that Gov. Steve Beshear has asked a federal court to dismiss the Ark Park’s lawsuit on the grounds that “[p]roviding the public funding sought for religious purposes …would constitute an unlawful establishment of religion” and thereby violate both the state and federal constitutions. Governor Beshear and his co-plaintiff, state Treasurer Bob Stewart, told the Courier-Journal that “the state’s denial of public funds for the ark park [sic] ‘reflects no hostility toward Plaintiffs’ faith’ and does not prohibit Answers in Genesis and its affiliated organizations from following their religious beliefs.”
Update, March 31, 2015: Americans United for the Separation of Church and State has submitted a motion to intervene on behalf of four Kentucky taxpayers to “prevent taxpayer dollars from being used to unconstitutionally finance a religious ministry.” According to a press release, the taxpayers argue “that ‘[t]he tax rebates sought for Ark Encounter would effectively compel me, as a Kentucky taxpayer, to subsidize a religious ministry against my will.’” Two of the taxpayers are Christian ministers. AU has also submitted a proposed motion to dismiss, which I take it becomes active if the motion to intervene is granted.