Tom Loftus

@TomLoftus_CJ

FRANKFORT, Ky. — Two controversial social conservative bills that many top Republican leaders have de-emphasized in recent months were filed in the Kentucky House on Tuesday by a Democrat.

Rep. Rick Nelson, a Democrat from Middlesboro, filed the transgender bathroom bill (House Bill 106) that would require public schools, state universities, state government and local governments to designate that bathrooms they control "only be used by persons based on their biological sex."

And Nelson's House Bill 105 is similar to past "religious freedom" bills filed in the legislature. It says that no law, regulation or court order shall impair the exercise of rights guaranteed by the constitutions of the United States and Kentucky including "a person's right of conscience" and freedom of religion.

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"I just want to make sure those bills are out there in case the other side decides not to do them. I support them and think they're pretty good," Nelson said.

He said both bills are nearly identical to ones filed in recent legislative sessions but blocked in the House, which until Tuesday was controlled by a Democratic majority.

Republican Gov. Matt Bevin and the legislature's Republican majority leaders have emphasized since November's elections that the emphasis in the 2017 legislative session would be on bills they contend will create jobs and improve Kentucky's economy. Bevin said at a press conference last month that the so-called bathroom bills are unnecessary because they address a problem that doesn't exist in Kentucky.

Chris Hartman, director of the Fairness Campaign, said Wednesday that he's concerned about Nelson's two bills.

"Together these bills are North Carolina's House Bill 2," Hartman said, referring to a controversial law that was met with a response that included cancellation of sporting events and business expansions.

Hartman said that the "religious freedom" bill would allow owners of businesses to discriminate by refusing service based on beliefs. "It would subvert fairness ordinances in the eight Kentucky cities where they exist."

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But Martin Cothran, spokesman for the conservative Family Foundation of Kentucky, said, "This has nothing to do with discrimination. It is a targeted bill that focuses on several rights, including religious free exercise for certain kinds of businesses. ... It affects a religious bookstore owner or owner of any business where the service being requested would enroll the person providing the service in something that potentially violates their right of conscience."

Hartman said, "I find it fascinating that it's someone in the minority party who introduced this. ... And I hope the chances they pass are slim. After all, the governor called the anti-trans bathroom bill silly and unnecessary."

But Cothran said: "This is the kind of legislation that was discussed in a number of legislative campaigns last year by Republican candidates. We hope that they'll be considered."

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