Kentucky: Legislature overrides veto of anti-gay “Religious Freedom Act”

The Kentucky legislature last night voted to override Gov. Steve Beshear’s veto of the Religious Freedom Act, which allows state residents to disobey civil rights laws on the basis of “sincerely held religious beliefs.”

The state House’s 79-15 vote sent HB279 to the Senate, which voted 32-6 to override the measure.

Gov. Beshear released the following statement: “As I explained in my veto message, I have significant concerns that this bill will cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights.”

Activists are concerned that the law will be used to challenge LGBT rights ordinances in Louisville, Lexington, Covington. and Vicco.

The text of the bill:

Government shall not burden a person’s or religious organization’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 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.

Kentucky: Gov. Beshear vetoes anti-discrimination act

Kentucky Gov. Steve Beshear vetoed the so-called Religious Freedom Act, which would basically allow just about any discrimination against LGBT people (or anybody else) on the basis of “sincerely held religious beliefs.”

Gov. Beshear has posted a statement on his official website:

“I have significant concerns that this bill will cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights. As written, the bill will undoubtedly lead to costly litigation. I have heard from many organizations and government entities that share those same concerns. Therefore, after giving this measure thoughtful analysis and consideration, today I vetoed the bill.”

The governor’s site lists numerous ways in which the bill would negatively affect the citizens of Kentucky, not the least of which would be “weakening of local civil rights laws.”

Look for the GOP legislators to attempt an override of the veto.

(via JMG)

Kentucky: Vicco – smallest US town to approve LGBT protections

From The Advocate: The small Appalachian town of Vicco, Ky., has become the smallest municipality in the U.S. to approve an LGBT nondiscrimination law.

“Vicco is a community that believes all folks should be treated fairly,” said Vicco city attorney Eric Ashley. “We believe everyone deserves the opportunity for life, liberty, and the pursuit of happiness. Fairness is a Kentucky value, a Vicco value, and one of our most American values.”

Vicco’s 334 residents will be protected under the fairness ordinance, which prohibits discrimination in employment, housing, and public accommodations on the basis of sexual orientation or gender identity, according to the American Civil Liberties Union of Kentucky. The ordinance passed 3-1, with the support of Mayor Johnny Cummings.

Vicco becomes Kentucky’s fourth municipality to pass such an ordinance, following Lexington, Louisville, and Covington.

KY: Guilty pleas in first federal anti-gay hate crime prosecution

Two Kentucky teenagers entered guilty pleas in the nation’s first-ever federal anti-gay hate crime case:

Alexis Leeann Jenkins and Mable Ashley Jenkins, who goes by Ashley, pleaded guilty to one charge of kidnapping and one charge of aiding others in causing bodily injury to Kevin Pennington of Letcher County because he is gay. The convictions are the first in the nation under provisions of the federal law covering crimes of violence motivated by a person’s actual or perceived sexual orientation, according to U.S. Attorney Kerry B. Harvey. The two face possible life sentences. The circumstances of their pleas, however, could indicate they plan to cooperate with prosecutors in hopes of getting lesser sentences.

The two agreed to be charged by way of a document called an information — as opposed to an indictment, which would require a grand jury to approve the charges — and pleaded guilty the same day the charges were filed. Their attorneys, Robert Michael Murphy of Lexington and James Hibbard of London, declined comment on whether the women, both 19, will cooperate in prosecuting two others charged in the case. Both women are to be sentenced in August.

The two women, who now face life sentences, were accused of luring a gay man to a planned violent beating by their two male accomplices.

The others charged in the attack are cousins David Jason Jenkins, 37, of Cumberland, who goes by Jason, and Anthony Ray Jenkins, 20, of Partridge.

Alexis Jenkins is Anthony Jenkins’ wife, and Ashley Jenkins is his sister.

Read more here: http://www.kentucky.com/2012/04/13/2149661/two-kentucky-teens-plead-guilty.html#disqus_thread#storylink=cpy

The victim escaped into the woods during the attack and survived. The two men have pleaded not guilty and face life in prison.

Kentucky anti-bullying law voted down

The House Education Committee voted down an anti-bullying bill Tuesday that identified classes of students who might be harassed by their peers.

The vote came after parents and friends of teenagers who killed themselves to end incessant school bullying told lawmakers about the need for stronger protections for all students.

Several lawmakers on the panel contended that existing anti-bullying laws are sufficient. Rep. Ben Waide, R-Madisonville, said House Bill 336 was an attempt “to achieve equality by making some people more equal than others.”

He said the measure was not about bullying, but “about gay rights in our schools.”

The bill’s sponsor, Rep. Mary Lou Marzian, D-Louisville, disagreed.

She said the bill provides protections based on a student’s actual or perceived race; religion; sexual orientation; gender identity; physical, mental, emotional, or learning disability; and other distinguishing characteristics, as recommended by U.S. Education Secretary Arne Duncan.

More at Kentucky.com

Disabled Gay Couple Ejected From Pool

A gay couple in Hazard, Ky., was ejected from a public recreation facility, sparking outrage from local LGBT organizations and allies.

The two men, who are reported to be developmentally and intellectually disabled, went to the pool at the Pavilion in Hazard, a city-owned facility. They were turned away by a maintenance technician, who told them, “We own this place and can tell you to leave if we want to.”

Shirlyn Perkins, executive director of Mending Hearts Inc., said the two men are clients of her organization, which provides support for people with developmental and intellectual disabilities.

“My staff asked the Pavilion staff why they were being asked to leave, and they were informed that ‘gay people’ weren’t allowed to swim there,” she said. “My staff told this man that what he was trying to do was discrimination. The man stated that what he was doing was in the Bible and he could do it.

Read more at the Advocate.