(A) The provisions of this subchapter regarding sexual orientation or gender identity shall not apply to a religious institution, association, society or entity or to an organization operated by charitable or educational purposes, which is owned, operated or controlled by a religious institution, association, society or entity; except that when such an institution or organization receives a majority of its annual funding from any federal, state, local or other governmental body or agency, or any combination thereof, it shall not be entitled to this exemption.
(B) The city is prohibited from substantially burdening a person's freedom of religion by the provisions of KRS 446.350. Accordingly, where a person, by action or inaction, violates the provisions, of this chapter due to a sincerely held religious belief, the individual or entity alleging the violation must prove, by clear and convincing evidence, that the city 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 to establish the existence of the violation. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.
(Ord. 2023-1838, passed 1-26-23)