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Bill would limit Kentucky laws that violate a person’s religious beliefs

February 25, 2013 | | Comments Comments
State Rep. Bob Damron, D-Nicholasville

State Rep. Bob Damron, D-Nicholasville

By Beth Musgrave
bmusgrave@herald-leader.com

FRANKFORT — A proposal that would strengthen people’s ability to ignore Kentucky regulations or laws that violate their religious beliefs cleared a House panel Monday.

The House Judiciary Committee approved House Bill 279 on a 12 to 3 vote, despite objections from a representative of the American Civil Liberties Union who said the measure might allow people to use religion as justification for trampling someone’s civil rights. The measure now moves to the House for its consideration.

The bill is based on a similar 1993 federal law, said Rep. Bob Damron, D-Nicholasville.

If Kentucky had such a law in recent years, a fight between the state and the Amish community over the appropriate signage for horse-drawn buggies would have been avoided, Damron said.

Citing religious beliefs, many in the Amish community had for years refused to use fluorescent orange signs that warn approaching motorists of their slow-moving buggies. Last year, Gov. Steve Beshear signed a bill into law that allows the use of reflective silver or white tape on buggies.

The Republican-led Senate approved a proposed constitutional amendment last year that contained similar language regarding religious freedoms. The measure, which would have required voter approval, died in the Democratic-led House.

Damron said Monday he doesn’t believe a constitutional amendment is needed to enact the religious freedom protections outlined in HB 279.

Jason Hall, a policy analyst with the Catholic Conference of Kentucky, told lawmakers that more than a dozen other states have already passed similar laws.

Still, several members of the committee questioned whether further clarification of religious freedoms is needed.

Derek Selznick, program director for the ACLU of Kentucky, raised concerns about unintended consequences of the bill.

For example, Selznick said, the measure might allow a landlord to use her religious beliefs to refuse to rent to a lesbian couple in a community where local ordinances ban discrimination based on sexual orientation.

“Church goers could claim that parking tickets issued for failure to pay the meter burden their ability to attend church services,” Selznick said.

Rep. Kelly Flood, D-Lexington, who voted against the measure, questioned the timing of the bill. If a federal law was passed in 1993, why is the Catholic Conference pushing a proposal on the state level a decade later, she asked?

Flood also questioned why the state needs to pass additional protections if there’s already a federal law. Hall responded that other states decided similar measures were necessary to deal with challenges to state laws.

Selznick suggested that the committee alter HB 279 to state that it does not authorize the violation of someone’s civil rights based on religious beliefs. The bill was not amended in the committee.

Text of House Bill 279

Government shall not burden a person’s or religious organization’s freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.

Filed Under: KY General AssemblyState Government

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Comments

  1. Mike says:

    Because everyone knows that the USA is supposed to be a religious, literalist Taliban from the Christian perspective.

    So, does this mean Muslims can ignore laws, too?

    What about those who don’t believe in government at all?

    What about those of us who believe that a “wall of separation between church and state” should be the rule of law.

    This is NOTHING EXCEPT a not even thinly veiled attempt to establish religion as more important than what is right.

    It angers me.

  2. Mike says:

    This is NOT a matter of religious freedom at all. It is attempting to make those with different religious beliefs, or none at all, able to decide what the state of Kentucky will do.

    Where do these people come off calling this a religious freedom issue? I guess white supremacists who “sincerely” believe God doesn’t want black folk or brown folk or Catholics to have equal rights is correct, according to this law, in acting out about it.

    STUPID STUPID STUPID LAWMAKERS

    And what a waste of the state’s money and time;.

  3. Mel says:

    Zionists and Muslims believe they have a God given right to murder their wives or children and the best part is your govt. protecting them lets you the taxpayers pay for those long drawn out trials that will result from such stupidity of religious groups trying to escape USA Justice of Equal Rights.

  4. Sarah P. says:

    Legislatures WASTING time on issues that were resolved long ago instead of issues affecting Kentucky families.

    This is a joke and proves that our representative body is unable to do their job preferring an EASY FIGHT instead of solving DIFFICULT issues!

    But lets make sure we come back for a special session!! More money for me is their mantra…