Written by Don Byrd
Kentucky Governor Steve Beshear cited the differences between recently passed legislation and the federal Religious Freedom Restoration Act it is modeled after to explain his veto of the bill. House Bill 279 would raise the standard for the enforcement of generally applicable laws that substantially burden religious exercise. While both the federal version of this law and Kentucky’s require the state to demonstrate a “compelling government interest” to justify a substantial burden, HB 279 includes additional language.
From the Governor’s press release:
Supporters have referenced the federal Religious Freedom Restoration Act (RFRA) and similar state RFRA laws as the template for this legislation. However, Gov. Beshear noted that House Bill 279 is fundamentally different than those laws – mostly because the vague language of HB279 lends itself to overly broad applications.
As written, HB279 imposes a heightened standard of “clear and convincing proof” to evaluate compliance with a law that contains an unclear definition of “burden,” which invites costly and possibly lengthy legal challenges. The bill offers no exceptions for certain state agencies or civil rights laws. There are no exceptions for the protection and safety of the general public, such as public health standards.
“Imprecise legal standards lead to unforeseen consequences,” said Gov. Beshear. “Citizens and governmental entities are entitled to a clear understanding of the boundaries of permissible conduct. This bill, as written, while well intended, is undermined by precarious legal wording,” said Gov. Beshear.
An earlier version of the bill, voted out of committee, was even further from the federal model supported by the Baptist Joint Committee and other religious liberty advocates, requiring that high threshold for any burden. An amendment added language to ensure that only “substantial” burdens must be overcome with such a high standard.
Because HB 279 passed by such a large margin in both houses, this veto was somewhat a surprise. Will the legislature rally the votes to overcome the Governor’s action? The Lexington Herald-Leader reports a vote to override could come this week. Stay tuned.
