Saturday, March 23, 2013

Kentucky Governor Vetoes Bill That Would Have Protected Right to Discriminate Against Gays Based on Religious Beliefs

 From The Towleroad:
Kentucky Governor Steve Beshear has vetoed House Bill 279 , by which a "religious individual could claim an exemption from any law or policy that prohibits discrimination" according to the ACLU, "leaving racial minorities, women, LGBT people and others without adequate protections."
From the Governor's website:
“Religious freedom is a cornerstone of this great nation, and a right enshrined in both the United States Constitution and the Kentucky Constitution,” said Gov. Beshear.  “I value and cherish our rights to religious freedom and I appreciate the good intentions of House Bill 279 and the members of the General Assembly who supported this bill to protect our constitutional rights to practice our religion.  However, I have significant concerns that this bill will cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights. As written, the bill will undoubtedly lead to costly litigation.  I have heard from many organizations and government entities that share those same concerns. Therefore, after giving this measure thoughtful analysis and consideration, today I vetoed the bill.”

HB279, sent to the Governor on March 11, would allow an individual to disregard any state or local law that places a substantial burden on his or her sincerely held religious belief.  As written, the government would have to show by “clear and convincing evidence” that the state has a compelling interest in requiring the person to follow the established law, and that there is no less restrictive means to accomplish the government’s objective.
The ACLU earlier this month had expressed concern that the bill might be used to undermine existing LGBT Fairness protections for individuals covered by local statutes in Louisville, Lexington, Covington and Vicco, Kentucky.

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