The House Judiciary Committee voted in favor of legislation on Wednesday that would expand a person’s ability to pursue civil action against the government for infringing on their religious freedoms.
Rep. Steve Rawlings, R-Burlington, said House Bill 47 seeks to update the state’s current Religious Freedom Restoration Act. Rawlings is the primary sponsor of the legislation.
“They’re commonly called RFRAs and ensure Kentuckians are free to live and work according to their faith without fear of being unjustly punished by their government,” Rawlings said.
HB 47 does not create new rights, Rawlings said, adding the legislation would codify existing judicial standards.
“HB 47 ensures that Kentucky courts will use the most accommodating language to ensure that religious Kentuckians have a fair day in court,” Rawlings said. “These definitions (in the bill) will ensure that Kentuckians can be heard if any part of the government burdens their religious practices.”
One of the legal terms more narrowly defined in HB 47 is “substantially burden.” That term would be defined as “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.”
House Majority Whip Jason Nemes, R-Middletown, is a co-sponsor of HB 47. He said the legislation was inspired in part by a Muslim woman in Louisville.
Several years ago, the woman, who was in police custody, was required to take off her hijab in front of male police officers. The officers then took her booking photo, and the photo was made publicly available. The woman sued, claiming religious liberty infringement, but her case was dismissed by the courts.
While Nemes supports HB 47, he said he does have concerns the bill may weaken fairness ordinances that have been passed by some local governments across the state. The worry is someone may use the law to say their religion gives them the right to discriminate.
“We have a lot of people who are worried that it’s going to go too far and infringe on their rights, so I don’t know where the right equilibrium is where we can satisfy both interests and protect this Muslim woman and people like her and also not go too far and effectively obliterate fairness ordinances,” Nemes said.
Rawlings said he is committed to making sure the bill does not target individuals protected by fairness ordinances.
A few lawmakers said they worry HB 47 might be used to justify abusive conduct, like animal cruelty or child abuse. Rep. Kimberly Poore Moser, R-Taylor Mill, asked if HB 47 would undo the female genital mutilation (FGM) ban the general assembly passed in 2020 since FGM is sometimes a religious tradition.
Greg Chafuen, legal counsel for the Alliance Defending Freedom, testified alongside Rawlings. He said there’s already legal precedent that says abusive conduct is not a protected religious practice.
In explaining her “no” vote on HB 47, Rep. Stephanie Dietz, R-Edgewood, said she may change her vote later in the process, but she would like to see some changes to the bill first.
“I understand the intent. I believe Representative Rawlings and what his intent is, and I agree with Representative Nemes that we may need to tighten up some definitions,” she said.
Rep. Nima Kulkarni, D-Louisville, also voted “no” on HB 47. She said she appreciates Rawlings’s commitment to making some changes to the bill, but she still has concerns.
“We live in a society where discrimination exists, and the legislation that we’re voting on in committee today is overbroad,” Kulkarni said. “It’s unnecessary … The freedom to exercise religion does not mean the freedom to discriminate.”
Before voting “yes” on HB 47, Committee Chair Daniel Elliott, R-Danville, said he would be supporting the effort to make sure HB 47 does not have negative, unintended consequences.
“I don’t think any of us here want to open a floodgate of lawsuits, or, for that matter, to invalidate what local cities have done across Kentucky,” Elliott said. “I don’t think any of us are here to do that.”
HB 47 advanced from the committee by a 14-6 vote. It now heads to the full House for consideration.
Information from the Kentucky Legislative Research Commission.
