Bill > HB177

This bill amends Kentucky state law (KRS 446.350) to provide robust protections for religious liberty by defining key terms and establishing procedures for addressing potential religious freedom violations. The bill defines "government" broadly to include state and local government entities, officials, and anyone acting under color of state law, and defines "substantially burden" as any action that constrains, inhibits, or denies the sincere exercise of religion. It prohibits government from substantially burdening a person's religious freedom unless the government can prove a compelling governmental interest using the least restrictive means. The bill allows individuals (with special provisions for inmates) to seek relief through judicial or administrative proceedings, including injunctive relief, declaratory relief, compensatory damages, and attorney's fees. For inmates, there is a specific process requiring prior notice to the Attorney General and potential review of complaints. The Attorney General is granted significant enforcement powers, including the ability to intervene in cases, collect civil penalties, and issue opinions on potential violations. Importantly, the bill waives sovereign and governmental immunity, allows for the potential waiver of qualified official immunity under certain circumstances, and applies to laws adopted before or after the bill's effective date. The legislation also includes a severability clause to ensure that if any part of the law is found invalid, the rest can still be implemented.

Justice

https://apps.legislature.ky.gov/record/25RS/hb177.html