Yesterday, Kentucky’s tourism board announced that the state would not be granting an estimated $18 million tax break to the Creationist group Answers In Genesis (AIG) for its construction of a Noah’s Ark theme park, after learning that AIG intended to discriminate based on religion in its hiring.

Now, AIG’s CEO Ken Ham is crying religious persecution, claiming that Kentucky is violating his “fundamental rights” by failing to provide millions of dollars in taxpayer subsidies to his project. Ham told WorldNetDaily that he intends to sue the state for discriminating against him, saying, “We are fully prepared to defend our fundamental rights in court if necessary, as this issue is of huge importance, not only to us, but to every religious organization.”

Answers in Genesis, which is building the life-size version of Noah’s Ark – 510 feet long, 85 feet wide and three stories high – announced Thursday it was informed by the state that it could participate in the tourism program on two conditions.

The organization is required to “waive its right to include a religious preference in hiring” and “affirm that it will tolerate no ‘proselytizing’ at the theme park.”

Not possible, AiG responded, on billboard messages and elsewhere.

AiG said Kentucky officials bowed to pressure from secularist groups when it denied the Ark Encounter theme park an opportunity to participate in a popular tax rebate incentive program offered by the state’s tourism office.”

The restrictions demanded by the state are “unlawful,” AiG asserted.

“It is well-established under both federal law (Title VII) and state law (KRS 344.090) that religious organization and entities like AIG are specifically permitted to utilize a religious preference in their hiring,” the organization said.

“Moreover, the government cannot show hostility toward religion or discriminate against persons or organizations who express religious viewpoints.”

Answers in Genesis CEO Ken Ham explained his organization’s position.

“We have been working on this project with Kentucky for more than two years, so this just-received denial announcement is as disappointing as it is costly for our ministry without the expected rebate,” he said. “Our construction has already begun at the Williamstown, Kentucky, site, and it must proceed. We are fully prepared to defend our fundamental rights in court if necessary, as this issue is of huge importance, not only to us, but to every religious organization.”

He said two law firms, Freedom Guard and the Center for Religious Express, already have agreed to represent AiG in the matter.