Government shall not substantially burden a person'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 substantially 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.
KRS 446.350
Prohibition upon government substantially burdening freedom of religion -- Showing of compelling governmental interest -- Description of "burden."
Applied in 4 court decisions — leading case 123 F. Supp. 3d 924 - Miller v. Davis (2015)
Most recently applied in David Ermold v. Kim Davis (March 2025)
Effective: June 25, 2013 History: Created 2013 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.