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STATEMENT BY LT. GOVERNOR THELMA STOVALL The
1978 General Assembly is now in the past, the failures and
accomplishments of which are left to the judgment of history.
In January I had great hopes for the potential of this
legislative session. There
was much to be done for the commonwealth and its people, and I was eager
to do my part in seeing legislation enacted which would enhance
Kentucky's image as a forward-moving, progressive state.
There was much good legislation which materialized during this
session to continue that image.
Through a maze of the most dubious parliamentary maneuvers, the
legislature allowed itself to be used by the misguided and plunge itself
into action which I consider regrettable.
The 1978 session of the General Assembly wasted valuable time and
energy in using many tactics, within or without, the boundaries of the
rules adopted by the legislature, to pass a measure which in itself
amounts to legislative folly.
The highest court of Kentucky has held, that a state can act but
once upon a proposed amendment to the federal constitution.
When the General Assembly has acted to ratify an amendment to the
federal constitution it may not change its position, for reasons that
are perfectly clear. Successive
legislatures, as in the case before us, could make it impossible for the
federal machinery of government to be certain of ratification or
rejection. The simple statement contained within the Equal Rights
Amendment, reads: "Equality
of rights under law shall not be denied or abridged by the United States
or by any state on account of sex.
It carries only the promise of equal treatment and protection
under the law. No one
should seek more, and no government should afford less.
Kentucky would suffer from the distortion of the Equal Rights
Amendment as publicly has been announced.
It has been my experience over the years that I have held public
office [that] times occur which put on trial the personal convictions
and public commitments of public officials.
Every elective official is faced sooner or later with the
prospect of acting for political expediency, acting from conscience and
law, or avoiding the issues by not acting at all.
When the people vote to elect their leaders, they expect them
to act, and act decisively. The
whole purpose of life is action, and for a public official the action
must be measured by positions of trust and responsibility.
I have always held that to sacrifice conscience for political
expediency is to forfeit the public trust which is inherent in public
office.
For this reason I have decided this day on what I consider a
necessary course of action.
Section 89 of the Constitution of Kentucky provides: "Every order, resolution or vote, in which the
concurrence of both Houses may be necessary, except on a question of
adjournment, or as otherwise provided in this constitution, shall be
presented to the governor, and before it shall take effect, be approved
by him; or, being disapproved, shall be repassed by a majority of the
members elected to both Houses, according to the rules and limitations
prescribed in case of a bill."
In the absence of Governor Julian Carroll from this Commonwealth
I am, according to the Constitution, Governor.
I have asked for and received from Jack Hall, Chief Executive
Assistant to Gov. Carroll, House Joint Resolution 20, in accordance with
my Constitutional duty in the absence of the Governor, I am acting today
to veto this resolution.
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