The Kentucky’s legislators have an opportunity this session to restore religious liberty to its proper place of protection in our legal system. Unfortunately, the U.S. Supreme Court weakened First Amendment religious liberty protections in the Employment Division v Smith case, which allowed the government to restrict religious practices if a law is neutrally applied to religious and secular activities. This problematic decision reduced the First Amendment rights of Americans and created a need for a legislative fix.
In 2013, Kentucky passed its version of the Religious Liberty Restoration Act (RFRA). Unfortunately, since the Democrats still controlled the KY House, it was the weakest version of RFRA passed in the entire country. One of the biggest flaws with the 2013 law is the lack of a cause of action, which would allow Kentuckians to sue under the statute to defend their religious liberty.
Without a cause of action, the current RFRA has had little impact on government actions. Additionally, the terms used in the 2013 law are not legislatively defined. This has resulted in judges making final determinations in how broadly to apply RFRA, leaving the door open for improper judicial activism at the expense of religious liberty. This activism has been encouraged by far-left groups, like the ACLU.
Kentucky’s RFRA has left Kentuckians vulnerable to attacks on their religious liberty. In 2020, the Beshear Administration threatened prosecution against Christians attending church on Easter Sunday. The Beshear Administration also retaliated against Sunrise Children Services by threatening to cancel their adoption contract because of their biblical belief in marriage between one man and one woman.
Senator Steve Rawlings and Representative TJ Roberts (pictured) have introduced SB 60 and HB 177 to strengthen Kentucky’s RFRA to ensure Kentuckians of faith are protected from government interference in how they practice their beliefs. These important bills would guarantee that Kentuckians’ first freedom is adequately protected.
Senate Bill 60 and House BILL 177 TALKING POINTS
- Kentuckians need a way to defend their religious liberty in court.
- Judges should not have broad discretion in interpreting religious liberty protections.
- Strengthening RFRA will protect Kentuckians of all faiths.
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let your KY legislators know that you support SB 60 and HB 177!
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