Kentucky Bill Regarding the Protection of Rights (HB 105)

HB 105 would prohibit any statute, regulation, ordinance, order, judgment, or other law or action by any court, commission, or other public agency from impairing, impeding, infringing upon, or otherwise restricting the exercise of protected rights by any protected activity provider.

The bill would prohibit any “protected activity provider” from being fined, imprisoned, held in contempt, or otherwise punished or held liable for damages, costs, expenses, or attorney fees by any court, commission, or public agency for:

• Actions or inactions arising from or related to providing protected activities; or
• Refusing to provide protected activities. unless the court finds the person or government had a compelling governmental interest.

The bill defines “protected activities” to mean actions by people commissioned, employed, hired, retained, or otherwise used by the public or the government to provide customized, artistic, expressive, creative, ministerial, or spiritual goods or services, or judgments, attestations, or other commissions that involve protected rights.

The bill defines “protected activity provider” to mean a person who provides protected activities.

HB 105 states the law would not apply to the provision of standard goods or services:

• In the ordinary course of business; or
• At a place of public accommodation, resort, or amusement.

If passed, the law would allow businesses to discriminate based on sexual preference or gender identity if the discriminatory practices were based on religious beliefs or conscience.

Related Legislation

Similar to SB 180, which failed to pass in 2016.

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