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AN ACT relating to the exercise of religious freedom in the solemnization of
2marriage.
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WHEREAS, the Commonwealth of Kentucky recognizes and honors as a
4cornerstone of liberty the freedom of its citizens to believe and practice their
5faiths according to the dictates of their own conscience; and
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WHEREAS, many Kentuckians have beliefs that speak to the institution of
7marriage and the persons who may enter into it; and
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WHEREAS; forced compliance with values that run counter to sincere
9religious beliefs and centuries of religious tradition is anathema to many
10Kentucky citizens and is unnecessary to maintain compliance with federal case
11law;
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NOW, THEREFORE,
15As used in this chapter, unless the context requires otherwise, "place of public
16accommodation, resort, or amusement" includes any place, store, or other establishment,
17either licensed or unlicensed, which supplies goods or services to the general public or
18which solicits or accepts the patronage or trade of the general public or which is
19supported directly or indirectly by government funds, except that:
20(1)
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(a)
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(b)
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(c)
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(d)
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(a)
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(b)
Justices and judges of the Court of Justice, retired justices and judges of the
Court of Justice except those removed for cause or convicted of a felony,
county judges/executive, and such justices of the peace and fiscal court
commissioners as the Governor or the county judge/executive authorizes; or
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(c)
A religious society that has no officiating minister or priest and whose usage
is to solemnize marriage at the usual place of worship and by consent given in
the presence of the society, if either party belongs to the society.
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At least two (2) persons, in addition to the parties and the person solemnizing the
marriage, shall be present at every marriage.
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Government shall not substantially burden a person's freedom of religion. The right
to act or refuse to act in a manner motivated by a sincerely held religious belief may
not be substantially burdened unless the government proves by clear and
convincing evidence that it has a compelling governmental interest in infringing the
specific act or refusal to act and has used the least restrictive means to further that
interest. A "burden" shall include indirect burdens such as withholding benefits,
assessing penalties, or an exclusion from programs or access to facilities.
8(2)
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