Gingerich v. Commonwealth

I respectfully dissent. In my opinion, the Kentucky Constitution unquestionably affords greater protection to the free exercise of religion than does the Federal Constitution. Accordingly, any law interfering with an individual’s free exercise of religion must pass strict scrutiny or else be declared unconstitutional. Given that KRS 189.820 cannot pass strict scrutiny, Appellants’ convictions cannot stand. Thus, I would reverse the Court of Appeals’ judgment.

I. KENTUCKY’S CONSTITUTION

I begin by rejecting the majority’s conclusion that Kentucky’s Constitution does not afford greater protection…