Amendment Adds “Substantial” Requirement to Kentucky RFRA Bill [UPDATED]

Written by Don Byrd
According to the Kentucky Legislature website (and LegiScan), a religious freedom bill that recently passed the House was passed with Floor Amendment 2, which added one important word to the legislation: “substantial.” The version that came out of committee required a compelling government interest for any burden on religious exercise. Amendment 2 changed that, leaving that high level of scrutiny only for “substantial burdens” on religious exercise.

Kentucky House Passes Questionable Religious Freedom Measure

Written by Don Byrd
Last week, I posted about Kentucky House Bill 279, legislation raising the level of judicial scrutiny for government action placing a burden on religious exercise. If this bill becomes law, enforcing a law against an individual whose religious exercise is burdened by it will require the government to demonstrate a compelling interest.

On Friday the commonwealth’s House passed the measure 82-7.

More State Legislatures Considering Religion

Written by Don Byrd
So many religion-themed bills are being proposed and advanced in state legislatures these days, it’s hard to keep up.

In Texas, a resolution was introduced Monday (pdf) that says the legislature “support(s) prayers, including the use of the word ‘God,’ at public gatherings as well as displays of the Ten Commandments in public educational institutions and other government buildings.”

In North Carolina, meanwhile, a bill would add a Bible study elective to the public school curriculum.

KY House Committee Approves Religious Freedom Bill over Civil Liberty Objections

Written by Don Byrd
The House Judiciary Committee of Kentucky approved legislation that would require the state to have a compelling interest to place any burden on religious exercise. This standard is even higher than federal and state RFRA bills (Religious Freedom Restoration Act) that require the burden on religion to be “substantial.”