'The Church Is Essential': KY Gov. Signs Law Declaring Churches Can't Be Targeted for Closure During a Pandemic
Kentucky Gov. Andy Beshear (D) signed a new law Tuesday that deems houses of worship as "essential" during an emergency and prevents any government agency from banning religious services.
It's called The Church is Essential Act. Kentucky Today reports the bill's sponsor, state Rep. Shane Baker (R-Somerset), called HB 43 a measure to protect religious liberty that's a response to restrictions imposed during the recent COVID-19 emergency.
The Republican-led Kentucky House passed the bill 83-12 on March 1.
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HB 43 has three main provisions, and Kentucky Today described them in the following way:
- It ensures that a governmental entity shall not prohibit or restrict a religious organization during a declared emergency, to the same or greater extent than other organizations or businesses deemed essential or vital.
- The government will not take adverse action against a religious organization for being religious.
- It provides a cause of action for religious organizations that have been harmed by a discriminatory act by the government.
David Walls, executive director of The Family Foundation, told Kentucky Today, "The Church is Essential Act is a victory for religious freedom in our Commonwealth."
"Thanks to HB 43, churches will rightfully be recognized as essential in Kentucky, and the governor's emergency powers will never again be abused to shut down churches or discriminate against religious organizations," Walls continued.
WDKY-TV reports the bill was modeled after similar legislation that has passed in at least four other states.
"It was after that situation there in Kentucky where we had the Supreme Court address the issue and make clear where their line should be drawn when states are using emergency powers," Alliance Defending Freedom Attorney Greg Chafuen told the television station.
The ACLU of Kentucky doesn't like the new Church is Essential Act. The left-wing organization argued the bill might allow religious groups to violate emergency laws with impunity, The Courier-Journal reports.
"We believe the law, perhaps unintentionally, puts churches, or anyone loosely affiliated with one, above the law," Kate Miller, the advocacy director for the ACLU, said. "The First Amendment does a fine job protecting religious liberty and we don't need Kentucky lawmakers tinkering with our constitutionally protected liberties."
In a statement on the signing of HB 43, Beshear spokesperson Scottie Ellis said, "HB 43 does not eliminate, but instead sets parameters and a process for regulation of religious services and organizations in times of pandemic, which could provide a path for future leaders to take the necessary steps to protect Kentuckians without having those actions challenged in court."
"During the pandemic, the majority of Kentucky's clergy and houses of worship went virtual and provided counsel on vaccines, prioritizing the health and safety of their people. As a person of faith, and also a Governor who has served during this pandemic, Gov. Beshear believes this is a workable framework for his administration and future leaders," the statement concluded.
