When Republicans assume control of the Kentucky House of Representatives next month, the Bluegrass State could become the next state to put merchants’ “religious freedom” ahead of the sexual orientation of their customers.
A bill introduced in February by state Sen. Albert Robinson, R-London, would prohibit the passage of any laws, ordinances or regulations that infringe on the Constitutional rights -- including freedom of religion – of people who sell “customized, artistic, expressive, creative, ministerial or spiritual goods and services.” It would reverse bans on sexual orientation discrimination in eight Kentucky cities and towns, including Covington.
Such measures have proven controversial in other states.
A 2015 North Carolina law that nullified the city of Charlotte’s fairness ordinance letting transgender people use the public bathroom of their choice cost the state business expansions, NCAA basketball tournament rounds and the 2017 NBA All-Star Game. The Indiana Religious Freedom Restoration Act, signed into law last year by U.S. Vice President-Elect Mike Pence, led to similar blowback.
The Kentucky proposal, introduced as Senate Bill 180, was approved by the Republican-majority state Senate by a 22-to-16 vote on March 15. Among senators from Northern Kentucky, John Schickel of Boone County voted for the bill, while Chris McDaniel of Kenton County and Wil Schroder of Campbell County voted against it. The bill went to the Democratic-controlled state House and went nowhere.
But the Nov. 8 elections eliminated that last bastion of Democratic opposition in Kentucky. Voters gave Republicans control of the House for the first time since 1920, a 28-seat majority. The chance of a gubernatorial veto is slim, as Republican Gov. Matt Bevin is considered friendly to religious freedom issues.
Sen. Robinson told WFPL Radio in Louisville that he plans to reintroduce the bill, regardless of the fallout that occurred in North Carolina and Indiana.
“There’s more people that are backing down when they should not be backing down for the sake of the threats and the financial threats,” Robinson was quoted as saying. “And to me there’s some price that’s just not worth paying.”
Others want Kentucky to move in the opposite direction – toward the outlawing of discrimination on the basis of sexual orientation statewide. More than 200 employers have incorporated such fairness provisions into their own policies. The group includes Kentucky juggernauts like Humana, Brown-Forman and UPS as well as Fifth Third Bank and PNC Financial and Anheuser-Busch.
Chris Hartman, director of the Fairness Campaign in Louisville, says the state General Assembly will consider multiple bills adverse to LGBTQ (lesbian, gay, bisexual, transgender and queer) interests. He says it started in April with the enactment of a religious liberty law relieving county clerks, including the controversial Kim Davis in Morehead, of putting their names on marriage licenses. Davis made national headlines in 2015 by refusing to issue licenses to same-sex couples.
“We’re going to face about a dozen bills that are some permutation of the license discrimination bill,” Hartman says. “They will all have the same effect of undermining the discrimination protections of fairness ordinances in the eight cities that have them.
“They will also have a disastrous effect on the Kentucky economy,” he says. “When government tries to restrict individual rights rather than expand them, jobs will leave the state.”
Covington Mayor-elect Joe Meyer likewise foresees a negative impact if Robinson’s religious freedom bill is enacted.
“I hope the General Assembly will respect the wishes of the many cities who want to provide an open and welcoming environment,” Meyer says. “Covington prides itself on its fairness to everyone because it’s good for business and good for our residents.
“Similar laws pass in others states have led to the loss of tens of millions of dollars for the tourism and convention industry,” he adds. “That would be particularly devastating in Covington where the convention center is seeking expansion. Senate Bill 180 could jeopardize Northern Kentucky’s ability to compete for many conventions. I will oppose the effort and hope to have the full support of members of the Northern Kentucky delegation who also support expansion of our convention center.”
In July, the Human Rights Campaign, a Washington, D.C.-base LGBTQ advocacy group, estimated that North Carolina's religious freedom bill in 2015 cost the state at least $698 million in lost business and expenses. North Carolina was ranked ninth in the nation in value of goods sold and services rendered in 2015, according to the U.S. Bureau of Economic Analysis. Kentucky was 28th.
CONTACT JAMES McNAIR: j[email protected] / @JMacNews on Twitter / 513-665-4700, x. 142
