Text of KY SB 60 (2025)
AN ACT relating to restoring religious liberty.
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As introduced
3,486 characters
UNOFFICIAL COPY
25 RS BR 34
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AN ACT relating to restoring religious liberty.
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Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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Section 1. KRS 446.350 is amended to read as follows:
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(1)
As used in this section:
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(a)
"Government action" means the implementation or application of any law,
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including but not limited to state and local laws, ordinances, rules,
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regulations, and policies, or other action by the Commonwealth or any
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political subdivision of the Commonwealth, or any city, county, urban-
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county government, charter county government, consolidated local
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government, unified local government, municipality, instrumentality, or
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public official authorized by law in the Commonwealth; and
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(b)
1.
"Substantially burden" means the taking of any action that curtails or
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denies the right to act or the right to refuse to act in a manner
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motivated by a sincerely held religious belief; and
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2.
As used in this subsection, "action" includes but is not limited to:
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a.
Withholding benefits;
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b.
Assessing criminal, civil, or administrative penalties; or
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c.
Excluding
from
governmental
programs
or
access
to
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governmental facilities.
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(2)
Government action shall not substantially burden a person's freedom of religion.
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The right to act or refuse to act in a manner motivated by a sincerely held religious
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belief may not be substantially burdened unless it is proven[the government proves]
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by clear and convincing evidence that the government[it] has:
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(a)
A compelling governmental interest in infringing the specific act or refusal to
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act; and[ has]
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(b)
Used the least restrictive means to further that interest[. A "burden" shall
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include indirect burdens such as withholding benefits, assessing penalties, or
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UNOFFICIAL COPY
25 RS BR 34
Page 2 of 2
XXXX 1/4/2025 10:10 AM
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an exclusion from programs or access to facilities].
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(3)
Except as provided in subsection (4) of this section, a person whose religious
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exercise has been substantially burdened in violation of this section may assert
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that violation as a claim or defense in a judicial or administrative proceeding and
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obtain appropriate relief, which shall include but is not limited to:
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(a)
Injunctive relief;
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(b)
Declaratory relief;
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(c)
Compensatory damages;
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(d)
Costs; and
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(e)
Attorney's fees.
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(4)
This statute applies to all government action whether adopted before or after the
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effective date of this Act. State laws enacted after the effective date of this Act are
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subject to this section unless this statute is explicitly excluded. This section shall
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not be construed to authorize any government action to burden any religious
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belief.
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(5)
If any provision of this section or its application to any person or circumstance is
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held invalid, the invalidity shall not affect other provisions or applications of the
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section that can be given effect without the invalid provision or application, and
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to this end the provisions of this section are severable.
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(6)
Sovereign and governmental immunity are waived to the extent of liability created
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under this section.
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