The Kentucky legislature made its message to atheists, humanists, gays, and others who fail to pass a religious litmus test loud and clear. When it comes to enjoying equal protection under civil rights laws, "Fergeddaboutit!"
The state General Assembly last weekend overrode a gubernatorial veto of a measure which provides churches and other faith-based groups with a special legal shield against the enforcement of civil rights protections when those organizations offer to rent their facilities to the public. House Bill 70, introduced in January by Rep. Tom Kerr (D-Taylor Mill) and Rep. Joe Fisher (R-Ft. Thomas) cleared both chamber of the legislature by a wide margin, but was vetoed last month by Kentucky Gov. Paul E. Patton. In declaring his disapproval of the measure, Patton charged that the proposal "violates both the spirit and meaning of the Kentucky Civil Rights Act by permitting discrimination on the basis of religion, the free exercise and non-establishment of which were among the fundamental principles in the founding of our state and country."
The legislation came in response to complaints from religious groups, including a Baptist Association. Four years ago, the church reluctantly rented one of its camp retreats to a non-theist group. Leaders of the association told a hearing of lawmakers that they were "uncomfortable" about renting the camp, "but did so out of a fear of being sued under state civil rights laws."
The final legislation was carefully pruned to give the appearance of not violating civil rights statutes. HB 70 permits churches or any other religious group interesting renting their properties the power to refuse "if the rental or sale of the public accommodation would not be consistent with the religious tenets of that religious organization."
Opponents of the bill said that it would permit faith-based groups to reject racial or religious minorities, gays or anyone else who failed to pass theological muster. Rep. Kerr added more specific language to the legislation, though, declaring: "Any organization that teaches or advocates hatred based on race, color or national origin should not be considered a religious organization."
That may give HB 70 even less chance, though, of passing constitutional muster. Rep. Kathy Stein, the only Jew in the legislature, told the Kentucky Herald-Leader newspaper that the bill will likely be challenged and found unconstitutional in federal courts, thus forcing taxpayers to shoulder the cost of legal defense.
"This sends a message to the Commonwealth of Kentucky that it is OK once again to go back to the '50s and '60s," declared Stein, "when it was OK to discriminate against other people because they were different than yourself."
"Ladies and gentlemen of the House, this is wrong," Stein told the Assembly during debate over the Governor's veto.
Kerr's modifications to the bill also place the state of Kentucky in the dubious position of defining what groups will and will not be designated by government as "religious," or which particular denominations might fall under the special privileges provided by HB 70. Christian Identity and other religious fringe groups justify racial discrimination on the basis of theology. The bill also does not address the problem of sexual discrimination, common in Christian fundamentalist groups which view homosexuality as sinful.
With little opposition, the House voted 86-12 to override Gov. Patton's veto. The Senate soon followed, approving HB 70 by a 26-8 margin.