FRANKFORT, Ky. — In the early days of the COVID-19 pandemic, Gov. Andy Beshear prohibited large gatherings, including church services. Lawmakers sent him a bill Wednesday that would prohibit him or any future governor from closing houses of worship during an emergency again.

What You Need To Know

  • Lawmakers approved House Bill 43 on Wednesday

  • The bill prohibits a state official from shutting down churches in an emergency

  • HB 43 comes as a direct response to Gov. Andy Beshear’s decision to shut down mass gatherings, including church services, during the first months of the pandemic

“Many Kentuckians saw this as an attack on a right that is guaranteed by the constitution,” Sen. Robby Mills (R-Henderson) said.

Supporters of House Bill 43 say it’s about religious freedom.

“I truly believe that church is essential,” Mills said. “It feeds our soul, helps us mentally and places within us a purpose to be better and love others better.”

Senators passed HB 43 a few weeks after the House voted for it, and a few Democrats in both chambers joined every Republican in supporting it.

Sen. Karen Berg (D-Louisville) said there are parts of it she likes, even though she voted against it.  

“But this opening up to where we can sue our state over this just doesn’t make any sense to me whatsoever,” she said.

Berg also said her church could meet virtually, so she isn’t sure why there was an issue.

Members of the ACLU came out against the bill, saying it’s a solution in search of a problem.

“House Bill 43 is a very poorly drafted bill veiled as legislation to protect religious liberty,” ACLU Kentucky communications director Angela Cooper said. “It could be construed to provide unprecedented criminal and civil immunity for religious organizations.”

A message seeking comment from the governor’s office was not returned after the vote Wednesday.

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