Atheists: References to God OK in some cases

Edwin Kagin, national legal director for American Atheists Inc., said the group will mount challenges only in cases it believes it can clearly win. The latest Kentucky case, he said, is one of those, though its final disposition could ultimately be decided by an appeals court.

The attorney general's office is considering appealing the decision, though spokeswoman Shelley Johnson said Friday no decision has yet been made.

Franklin Circuit Judge Thomas Wingate ruled Wednesday that references to a dependence on God in a law that created the Kentucky Office of Homeland Security is akin to establishing a religion, which the government is prohibited from doing under the state and national constitutions.

Last week's ruling prompted an outcry from Christian activists, including Martin Cothran, a policy analyst for the Kentucky Family Foundation.

"I just find it strange that you could say this kind of language is not appropriate in our law when it's actually in our constitution," Cothran said. "We're wondering if Judge Wingate may someday find the constitution unconstitutional."