Baker-sponsored religion bill moves out of committee – Commonwealth Journal’s History

A bill sponsored by local State Representative Shane Baker is getting some attention due to its attempt to have churches and religious organizations recognized as essential in cases of emergency.

House Bill 43 moved out of committee Thursday and is eligible to be heard by the entire House at any time.

Besides Baker, the bill currently has 52 co-sponsors, and Baker said that members of the State Government Committee who werent sponsors voted to send it to the House.

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.

Baker described the bill as one that ensures churches and religious organizations are treated in the same way as other essential organizations during declarations of emergency.

That would give churches the authority to choose whether to close or remain open during situations such as during a pandemic.

It was written in response to Governor Andy Beshears executive orders during the early days of the COVID-19 pandemic to shut down all non-essential entities in an effort to prevent people from congregating and spreading the coronavirus.

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.

Baker said that 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.

During this session, we have talked a lot about mental health and some of the issues that people are facing, many of them as a result of people being isolated. That is all due to, in part, things being shut down. Not just the church, but other things as well. We want to make sure that God-given right is protected so this provides a clear framework for moving forward, Baker said.

Baker said he felt there were ways that churches have adapted to the pandemic that ensure that people can enter the building and remain distanced and safe from others.

With our church, we had empty rows and space for people to spread out. I know some churches went to multiple services to allow people to stagger their times and to be able to spread out. Initially, we were dealing with the unknown. We didnt know what to expect. And everyone wants to be safe and everyone wants to keep other people safe, so I think that people are responsible to make those decisions on their own, he said.

Baker also pointed to other services that were considered essential that he had qualms about the aforementioned liquor stores and abortion clinics, for two.

He said that abortions are considered elective procedures, and noted that at the same time hospitals and doctors were encouraged to postpone other elective procedures postponements that may have prolonged health issues that needed to be corrected.

A similar bill did not get a vote during last years shorter session, but Baker hopes it will be heard this time around. He said this is a bill he has worked on since before he was even sworn into office, working on the first drafts of it in November 2020.

We may not, and hopefully will not, face this situation where it becomes necessary to rely on this law in the near future. But we know these things will be challenged again somewhere down the road, and when we have the opportunity, we have to be proactive and address some of these issues to put those boundaries in place, he said.

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Baker-sponsored religion bill moves out of committee - Commonwealth Journal's History