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Somerset State Rep. Shane Baker's bill that would prevent religious organizations from being discriminated against during a state of emergency has just one final hurdle: A vote from the full Senate.

House Bill 43 passed the Senate State and Local Government Committeeon a 10-1 vote on Thursday.

"I really feel good about (the bill's) final passage," Baker said after the committee vote. "But I will breathe easier when they add it to their calendar."

Baker told the committeethe bill is in response to the shutdown of churches and other religious organizations in 2020, as the scourge of COVID-19 crept across the nation.

The bill does a couple of simple things, he said. No. 1, it says that churches and religious organizations should be treated in the same manner as other essential organizations during times of emergency.

The bill would also prevent the state from taking adverse action against a religious organization simply for being religious. Additionally, it would codify recent Supreme Court decisions, which make clear that free exercise rights are fundamental, and that governments cant treat religious organizations more adversely than other groups, Baker said.

Basically, it would make churches "essential" in the face of another emergency, such as the pandemic. Kentucky Gov. Andy Beshear tried to close houses of worship during the crisis but courts have deemed that measure unconstitutional.

The governors executive order specified houses of worship, churches were to be shut down, Baker said. There was also a list that was released that talked about essential entities, which included home improvement centers, grocery stores, gas stations, banks liquor stores were included in there, oddly enough but churches were shut down.

"You go to the grocery store and these other places and they are deemed essential," Baker added. "If you can visit those safely you can also go to church safely."

The bill also allows religious organizations to bring a lawsuit if they have been discriminated against, he said.

David Walls, executive director of The Family Foundation, offered supportive comments on the bill to the Senate committee.

Its vitally important that we ensure churches and other religious organizations receive at least equal treatment during an emergency, and that the state is not allowed to discriminate against them on the basis of them being a religious organization, he said.

Baker saidBeshear's order was a violation of First Amendment rights the U.S. Constitutional amendment that states government cannot make laws respecting an establishment of religion, or prohibiting the free exercise thereof.

The First Amendment obviously protects our religious liberties, and its a clear violation to shut the church down, he said.

He added that there are a number of functions churches fulfill in society that many consider essential. Not only does it offer a place for people to gather for worship, but it also offers a lot of ways to meet needs, such as providing ministry, food and clothing to those in need.

He also said the church provided a needed way for many elderly residents widows and widowers to socialize, where it might be the only time during the week that they leave their homes.

Sen. Christian McDaniel, R-Taylor Mill, voted for the measure, but expressed concerns about unintended consequences.

You are opening up for interpretation with this, what is actually constituted as religious expression and a right of action against the state that currently exists. I think that we may be opening ourselves up to some unintended consequences that have not been thought through very well with this," McDaniel said. "Im going to vote aye because Im with you on the issue, but I think we have the potential to be heading into some dangerous territory here."

"We have the votes to pass it in the House, and I have no doubt the Senate would have the votes to pass it there, Baker said. The question is, do we understand the need for it to make this a priority to move this forward.

Rep. Kelly Flood, D-Lexington, voted no on the bill when it came before the House, stating in a news release she is not endorsing a bill that says it's ok to break civil rules in emergencies.

"I'm saying that we are not breaking civil rules," Baker insisted. "We are supporting our constitutional rights."

House Bill 43 passed the House 83-12 with support from both Democrats and Republicans.

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Baker's bill making churches 'essential' passes another hurdle - Commonwealth Journal's History