Beech Tree News Network

FRANKFORT— The House State Government Committee approved a bill Thursday that seeks to protect houses of worship and religious organizations from discrimination.

House Bill 43 would prohibit a governmental entity from prohibiting religious services during an emergency to a greater extent than imposed on other organizations or businesses that provide essential services.

Primary sponsor Rep. Shane Baker, R-Somerset, said the restrictions in place at the beginning of the COVID-19 pandemic inspired the legislation.

“Basically in 2020, in the early days of the pandemic, we faced some unprecedented situations, and during that time churches were shut down,” Baker said. “A lot of confusion and frustration took place during that time.”

At the outset of the virus, businesses, such as grocery stores, hardware stores and gas stations, were allowed to remain open to the public. Others, like restaurants, event venues and churches, were not deemed essential and had to close in an effort to reduce the spread of the virus.

Baker said the goal of HB 43 is to make sure churches and other houses of worship are treated the same as other essential businesses if the Commonwealth were to face another crisis that warrants the shutdown of nonessential businesses.

HB 43 would also allow a religious organization to take action against a local or state emergency order if it feels the order is discriminatory. This includes seeking an injunction or compensatory damages for pecuniary and non-pecuniary losses. 

Baker was joined by David Walls, executive director of the Family Foundation, and Greg Chafuen, legal counsel for Alliance of Defending Freedom, in testifying in favor of HB 43.

In voting no on HB 43, Rep. Kelly Flood, D-Lexington, said, “I’m not endorsing a bill that says it’s OK to break civic rules in emergencies.”

Rep. Patti Minter, D-Bowling Green, also voted no, citing separation of powers concerns, and that she believes the General Assembly already addressed this issue last year when it made changes to state statute.

During discussion of the bill, Rep. James Tipton, R-Taylorsville, asked Baker if it would prohibit any religious organization from choosing to shut down or follow other guidelines during an emergency. Baker said no.

Tipton, who said he is a Christian, added he’s seen more people suffering from mental health issues and more people struggling spiritually since the beginning of the pandemic.

“There is nothing that we, as a government body, should ever do to prevent someone from exercising their god given rights, as you said, protected by the constitution, to worship their god in a way they choose,” Tipton said.

HB 43 will now go before the full House for consideration.