Ky. Rev. Stat. » Chapter 446
Kentucky Revised Statutes

Ky. Rev. Stat. § 446.350 (2026)

Prohibition upon government substantially burdening freedom of religion

✓ current as of May 2026
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-- Showing of compelling governmental interest -- Description of "burden." 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. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 111, sec. 1, effective June 25, 2013.

Notes of Decisions
Cited in 19 cases (11 in the last 5 years), 2015–2025 · leading case: Miller v. Davis, 123 F. Supp. 3d 924 (E.D. Ky. 2015).
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Miller v. Davis, 123 F. Supp. 3d 924 (E.D. Ky. 2015). · cites it 2× “Ky.Rev.Stat. Ann. § 446.350. Davis again argues that the Beshear directive substantially burdens her religious freedom without serving a compelling state interest.”
Alicia Pedreira v. Sunrise Child.'s Servs., Inc., 79 F.4th 741 (6th Cir. 2023). “See Ky. Rev. Stat. § 446.350 (“Government shall not substantially burden” a person’s “right to act .”
David Ermold v. Kim Davis, 130 F.4th 553 (6th Cir. 2025). “” Ky. Rev. Stat. § 446.350. Of course, the state government cannot prove anything by any evidentiary standard if it “is not a party” to the No.”
Cambron v. Crews (W.D. Ky. 2023). · cites it 4× “Based on this conduct, Plaintiff filed this action alleging violations of the First Amendment’s Free Exercise Clause, the Fourteenth Amendment’s Equal Protection Clause, the Religious Land Use and Institutionalized Persons Act (RLUIPA), Sections 1 and 2 of the Kentucky…”
James Yates v. Kim Davis (6th Cir. 2019). · cites it 3× “She says her actions were objectively reasonable because Kentucky’s Religious Freedoms Restoration Act, Ky. Rev. Stat. § 446.350, required her to accommodate her personal religious opposition to same-sex marriage.”
Clara Ruplinger v. louisville/jefferson Cnty. Metro Gov't (Ky. 2020). · cites it 3× “Metro acknowledges that 2 relief may be available to Ruplinger in the form of a declaratory judgment, but argues that sovereign immunity is not waived by KRS 446.350. While this Court has never ruled on whether KRS 446.”
Clara Ruplinger v. louisville/jefferson Cnty. Metro Gov't (Ky. 2020). · cites it 3× “Metro acknowledges that 2 relief may be available to Ruplinger in the form of a declaratory judgment, but argues that sovereign immunity is not waived by KRS 446.350. While this Court has never ruled on whether KRS 446.”
Maryville Baptist Church, Inc. v. Andy Beshear (6th Cir. 2020). · cites it 2× “” Ky. Rev. Stat. § 446.350. The point of the law is to exercise an authority every State has: to provide more protection for religious liberties at the state level than the U.”
Ermold v. Davis (E.D. Ky. 2022). · cites it 2× “Davis again argues that her actions were reasonable under Kentucky’s Religious Freedoms Restoration Act (“KRFRA”), KRS § 446.350. Ermold, ECF No. 93 at 70; Yates, ECF No.”
Yates v. Davis (E.D. Ky. 2022). · cites it 2× “Davis again argues that her actions were reasonable under Kentucky’s Religious Freedoms Restoration Act (“KRFRA”), KRS § 446.350. Ermold, ECF No. 93 at 70; Yates, ECF No.”
On Fire Christian Ctr., Inc. v. Fischer (W.D. Ky. 2020). · cites it 2× “Moreover, if sitting in cars did pose a significant danger of spreading the virus, Louisville would close all drive-throughs and parking lots that are not related to maintaining public health, which they haven’t done.”
Curry v. Furnish (W.D. Ky. 2020). · cites it 2× “520, 534 (1993); see also Ky. Rev. Stat. § 446.350. However, here, the Currys didn’t bring any religious liberty claims.”
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