Religion bill among new Kentucky laws starting Tuesday
Starting Tuesday, people convicted of human trafficking in Kentucky will face tough new penalties; more prisoners will be able to use DNA tests to appeal their convictions; and hunters can pursue coyotes at night.
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Those are among the changes coming as 110 bills passed by the 2013 General Assembly take effect — 90 days after adjournment of a productive and unusually harmonious session.
The one discordant note dividing Gov. Steve Beshear and lawmakers came from House Bill 279 — known as the Religious Freedom Bill — which legislators approved and Beshear vetoed. The House and Senate overrode that veto by wide margins, so it too becomes law on Tuesday.
The bill says laws and regulations can’t “substantially” burden someone’s “sincerely held religious belief” unless there is a proven compelling governmental interest in doing so.
Proponents, including the Catholic Conference of Kentucky, said the measure was necessary to ensure government has a compelling reason before it interferes with a citizen acting on his or her religious beliefs. But opponents, including the American Civil Liberties Union of Kentucky, argued it could legalize discrimination.
People on both sides of the debate say they know of no emerging case where someone plans to use the law’s expansion of religious rights to defy the government — though participants in a pending Lexington case involving a company that refused to print T-shirts for a gay-rights group say the bill could become an issue in that case.
“We hope that nobody will use this bill to discriminate,” said Michael Aldridge, executive director of the Kentucky ACLU. “Until then we will monitor the situation closely and take action as necessary.”
The Rev. Pat Delahanty, executive director of the Catholic Conference of Kentucky, said, “I don’t know what will happen. What I hope happens is that before the state infringes on anybody’s ability to practice their faith that it follows this law and proves it has a compelling reason to do so and uses the least restrictive means.”
Beshear said in a statement that he is sure the bill will be tested. “I still have significant concerns that this bill will cause serious unintended consequences that could threaten public safety, health care, and an individual’s civil rights,” Beshear said. “I expect the bill will lead to costly litigation.”
Concerns about fairness
The largest concern expressed by civil liberties and gay-rights groups was that the bill could prompt business owners and other individuals to defy “fairness” laws in four Kentucky cities that prohibit anti-gay discrimination.welcome to Buy Best Coach Grade A Handbags for sale,free Shipping available. Buy Now!
“There is some fear that people will try to use this law to discriminate by saying, ‘I shouldn’t have to serve someone in my restaurant because my religious beliefs say that I don’t have to serve gay people’; or ‘I shouldn’t have to employ a gay person at my business’; or ‘I shouldn’t have to rent or sell a home to someone because they are lesbian,’ ” Aldridge said. “And it would be up to a local judge to determine that.”
Paul Brown, president of Gay and Lesbian Services Organization, of Lexington, said he expects the new law to be invoked in welcome to Best Discount Calvin Klein T-Shirts,Free shipping!a high-profile case that his group brought against a Lexington business before the city’s human rights commission.Our store can offer Best Discount Furla Grade A Handbags online store, welcome choose!
The organization filed the complaint last year after Hands On Originals refused to print T-shirts advertising the group’s annual pride festival.welcome to Buy Best MICHAEL KORS Grade AAA Handbags for sale,best service and low prices.
Hands On Originals argued that it is a Christian company and disagreed with the message on the T-shirt. The Lexington human rights commission found probable cause of a violation of its fairness ordinance but will not decide the case until after a final hearing, which has not yet been scheduled.
“We think there’s a strong possibility the opposing side will bring up the new law — that this may be the first instance where it is invoked,” Brown said. “I’m not an attorney and I’m not sure what the new law will mean.”
Jim Campbell, an attorney with the national organization Alliance Defending Freedom, which represents Hands On Originals, said he’s not sure how the bill might affect the case.
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