FRANKFORT (AP) – Democratic Gov. Steve Beshear said Kentucky’s religious-freedom law, similar to one signed by Indiana Gov. Mike Pence last week, should be clarified to include protections for the LGBT community.
But at the same time the governor of this conservative state is asking the U.S. Supreme Court to uphold Kentucky’s ban on same-sex marriage, highlighting the peculiar politics facing some southern Democrats fighting to maintain power in a region awash with Republican votes.
“I would just applaud him for taking the moral high ground when the Kentucky law went through,” said Laura Ladenwich, an attorney representing gay couples in Kentucky’s same-sex marriage lawsuit before the Supreme Court. “I think it’s unfortunate that he has taken such an inconsistent position with respect to the equal rights of the citizens of this state.”
The Family Foundation of Kentucky, which had a hand in crafting Kentucky’s religious-freedom law, sees no conflict with Beshear’s actions.
“If we uphold the religious-freedom amendment, we’re not detracting from same-sex marriage,” spokesman Martin Cothran said. “The linkage there is just part of the propaganda being thrown at this law, which is a completely legitimate law.”
The Kentucky General Assembly passed its religious-freedom law in 2013. It protects a person’s “right to act or refuse to act” as long as it is motivated by “a sincerely held religious belief.” Gay rights advocates argue the law could be used to defend a business that refuses service to a gay person. The law contains no exceptions for people who are lesbian, gay, bisexual or transgender. Beshear vetoed what he called a “well-intended” bill because he said it was “overly broad and vague.”
But the legislature easily overrode Beshear’s veto and the bill became law without his signature.
“I obviously thought it shouldn’t be on the books to start with,” Beshear told reporters Tuesday. “We haven’t seen any adverse consequences yet that we know of and I’m very thankful for that. If there was a way that the legislature would feel we could clarify it, then obviously it would be a good thing to do.”
But last week, Beshear through his attorneys filed a brief with the nation’s highest court arguing that Kentucky’s gay- marriage ban is not discriminatory because it prevents both heterosexual and homosexual people from marrying someone of the same sex.
“Kentucky’s marriage laws treat homosexuals and heterosexuals the same,” attorneys argued on Beshear’s behalf in a brief filed with the court last week.
Asked to reconcile his positions on both issues, Beshear reiterated Tuesday that his main goal with the same-sex marriage appeal is to force the Supreme Court to make a decision on the issue.
“My personal beliefs are not going to enter into this,” Beshear said. “As governor I felt very strongly that we need to get a final decision on this issue that applies throughout the country and the only group that can do that is the United States Supreme Court at this point.”
Businesses and governments across the country have pressured Indiana to change the law. Tuesday, Pence announced he wanted lawmakers to clarify the law to include LGBT protections. Beshear said Tuesday he is not aware of any company that has not considered locating in Kentucky because of the 2-year-old law.
