Kentuckians who feel they’ve been compelled to act in contradiction to their religious beliefs could sue governments and public officials under legislation that passed out of a Senate committee on Thursday.
GOP Sen. Steve Rawlings form Burlington presented his bill as an attempt to strengthen Kentucky’s religious freedom laws while civil rights advocates have raised concerns that it could create a new pathway to undo anti-discrimination ordinances across the state and result in a deluge of lawsuits eroding those protections.
Sitting beside the bill sponsor was Gregory Baylor, a lawyer with the Alliance Defending Freedom. The conservative Christian legal group has become well known for lawsuits against anti-LGBTQ+ discrimination laws on religious freedom grounds.
Alliance Defending Freedom is already representing a woman suing Louisville’s government over its anti-discrimination law, saying it violates the rights of a wedding photographer who didn’t want to have to photograph a same-sex wedding. That’s although she never received a request to do so nor was the ordinance ever cited against her. Federal courts have ruled in the photographer’s favor thus far.
Senate Bill 60 would open up the possibility for litigation in state court as well as in federal court. Rawlings said the bill would discourage or get rid of “unnecessary restrictions” on a person’s sincerely-held religious beliefs. It passed the committee easily on a party-line vote and now heads to the Senate floor.
“Senate Bill 60 will provide a clear and stronger legal framework to protect religious freedoms from infringement, from government actions,” Rawlings said. “The passage of SB 60 is a commitment to having the correct standard to protect a fundamental right.”
Chris Hartman, the executive director of the Fairness Campaign, said he believes the legislation would become a minefield for cities attempting to implement the anti-discrimination ordinances that outlaw LGBTQ+ discrimination in employment, housing and public accommodations in 24 communities across Kentucky.
“Senate Bill 60 allows all state and local laws, ordinances, rules, regulations and policies to be subverted by someone asserting religious freedom, including domestic violence laws, property laws, trespass laws, civil rights laws, contract laws and so many more,” Hartman said.
It’s a concern that Baylor, whose legal group has sued several communities over anti-discrimination laws, dismissed.
“We have a long track record, not only in Kentucky that's had a [Religious Freedom Restoration Act] since 2013, but in the nation for over 30 years, and we haven't seen these kinds of horror stories unfold.”
Louisville Rabbi Ben Freed also spoke in opposition to the bill Thursday. Freed said he is thankful for both the state’s robust religious freedom protections and anti-discrimination ordinances that protect religious minorities, like Jewish people. He said the legislation as written does not make clear the religious exemptions cannot be used to harm or denigrate the rights of others.
“If a Christian landlord decided they did not want Jewish or Muslim tenants because our beliefs were abhorrent to them, would that be permissible under this bill?” Freed asked.
Baylor told the committee that governments could still argue for their ordinances and rules under “compelling government interest,” the legal concept that governments can curtail certain individual freedoms under certain necessary circumstances. The bill itself does not mention compelling government interest or an exception for civil rights, public health, etc.
Rawlings attempted a similar bill last year as a state representative. The legislation also passed a committee vote but never made it to a House floor vote.
State government and politics reporting is supported in part by the Corporation for Public Broadcasting.
