GOP advances bill opponents say would pave the way for discrimination of LGBTQ Kentuckians

A Republican-backed “religious liberty” bill opponents say would weaken local governments’ ability to enforce Fairness Ordinances and embolden individuals who wish to discriminate based on religious beliefs won approval from a legislative committee on Wednesday.

Rep. Steve Rawlings, R-Burlington, told the House Judiciary Committee that House Bill 47 would codify into the existing Religious Freedom Restoration Act that a government cannot “substantially burden” an individual’s freedom of religion, and assure that Kentuckians are “free to live and work according to their faith without fear of being unjustly punished by their government.”

In short, his bill would formalize definitions of what it means to have one’s religious liberty substantially burdened by government and add private right of action steps an individual can take should this happen.

The definition of “substantially burden” would include “any action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person, or compels any action contrary to a person’s exercise of religion,” including but not limited to:

—Withholding benefits

—Assessing criminal, civil or administrative penalties

—Excluding from governmental programs or access to governmental facilities.

Formalizing these definitions in law, Rawlings said, will “ensure that Kentuckians can be heard if any part of the government burdens their religious practices.”

The bill would apply to all state and local laws, administrative regulations and ordinances, and it would allow any individual who believes their religious liberty has been infringed upon to seek injunctive or declaratory relief, as well as compensatory damages.

Bill detractors, including Fairness Campaign Executive Director Chris Hartman, warned the proposal would make it easier to discriminate against LGBTQ Kentuckians, and potentially shield those who refuse to enforce local fairness ordinances, which outlaw LGBTQ discrimination in employment, housing and other public accommodations. Lexington and Louisville were the first cities in the commonwealth, in 1999, to adopt Fairness Ordinances. A total of 24 municipalities have adopted similar measures in the years since.

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