Senate green lights religious liberty bill

Senate green lights religious liberty bill February 26, 2025

Sen. Steve Rawlings, R-Burlington, speaks about Senate Bill 60 on the Senate floor Wednesday. The bill seeks to bolster religious liberty. A high-resolution photo can be found here.

FRANKFORT — The Kentucky Senate adopted a bill Wednesday that supporters say will strengthen religious liberty in the commonwealth even as some raise concerns about discrimination.

Senate Bill 60, sponsored by Sen. Steve Rawlings, R-Burlington, advanced off the Senate floor with a 29-7 vote and now heads to the House.

The legislation seeks to reenforce religious liberty protections in Kentucky. Specifically, it would waive sovereign and governmental immunity, clearing the way for individuals to sue if the government substantially burdens their religious freedom.

Rawlings said SB 60 would enable religious claimants to get full relief when the government violates their religious liberty, and it would clarify that individuals can invoke the Religious Freedom Restoration Act (RFRA) in judicial or administrative proceedings.

“It ensures that Kentuckians who face a substantial burden on their religious exercise have a fair opportunity to seek justice, including the ability to recover attorney’s fees, just as we allow in civil rights cases,” he said.

Sen. Aaron Reed, R-Shelbyville, spoke in favor of the measure on the Senate floor, arguing that it ensures freedom and would help prevent the government from bullying Kentuckians out of their religious rights.

“Our Founding Fathers gave us the constitution not to shield the government from the people, but to protect we the people from an overreaching government,” he said. “Today, that overreach too often comes in the form of costly legal battles where the government with its unlimited resources can financially cripple a citizen simply for standing by their faith.”

However, critics of the bill cited fears over the impact of SB 60 on anti-discrimination efforts.

Sen. Keturah Herron, D-Louisville, said the legislation could make it difficult for the government to enforce state and local laws that protect people from harm and discrimination, and that lawmakers should make sure everyone receives fairness and justice.

“There’s a balance that must be struck between protecting religious freedom and ensuring that marginalized communities are not further harmed,” Herron said. “No one has the right to harm others, even if those actions are motived by religious beliefs.”

Rawlings said current state RFRA law already played a crucial role in protecting rights. It was used to reopen churches during COVID-19 and defend the rights of an incarcerated Muslim woman to wear a headscarf in front of male guards, he said.

“What Senate Bill 60 does is ensure that when the government oversteps, citizens have the ability to recover legal costs when defending their rights, just as they would in other civil rights cases,” he said.

Senate Minority Caucus Chair Reginald L. Thomas, D-Lexington, said federal laws prevent discrimination based on race, sex and religion, but do not apply to sexual orientation. He noted that advocates have sought for years to pass a fairness law in Kentucky, which would include sexual orientation among civil rights laws.

Thomas said if a police officer or a government official tried to enforce a fairness ordinance, the person could be personally liable and lose their home, car and bank assets.

“It’s designed to wipe out all fairness ordinances and expose members of the LGBTQ community again to second class citizenship. Now this is the second time we’ve done this in this session,” he said.

Senate Majority Caucus Chair Robby Mills, R-Henderson, voted for the bill, however, saying it offers clarification of definitions, gives citizens appropriate relief and is a safeguard against those who might violate religious liberties of Kentuckians.

“I gladly vote yes,” Mills said.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#SB60-022625