Anti-LGBT 'License to Discriminate' & 'Bathroom Bill' Filed in KY House

House Bill 105 & House Bill 106

(Frankfort, KY - January 4, 2017) Two anti-LGBT bills were filed on the first day of the Kentucky General Assembly--a "License to Discriminate" House Bill 105 and anti-transgender "Bathroom Bill" House Bill 106. Both measures were filed by Middlesboro Democrat Representative Rick Nelson. They come on the heels of critical statements from Republican Governor Matt Bevin, who recently eschewed anti-transgender bathroom legislation, calling it "silly" and "unnecessary." Similarly, newly-elected Republican House Speaker Jeff Hoover has repeatedly reiterated his focus on legislation that fosters economic expansion and job growth over anti-LGBT measures.

Similar anti-LGBT legislation in North Carolina, Indiana, and other states have cost millions and billions of dollars in lost tourism, corporate expansion and investment, and job growth. The Williams Institute at UCLA Law has estimated a $5 billion-a-year loss resulting from North Carolina's House Bill 2. The NBA, NCAA, and ACC have all pulled championship and tournament games from North Carolina following its "License to Discriminate" law.

"The effect of passing this type of discriminatory legislation is clear. It will cost the state millions of dollars," shared Fairness Campaign director Chris Hartman. "If Kentucky lawmakers want to remain focused on improving our commonwealth's economy, this is exactly the legislation they should avoid. Furthermore, if Kentucky fans hope to host NCAA College Basketball championship games in the future, they must speak out against HB 105 and HB 106."

A growing number of Kentucky employers have signed on to oppose anti-LGBT legislation in the Kentucky Competitive Workforce Coalition, which also supports expansion of LGBT discrimination protections statewide in the "Kentucky Competitive Workforce Act" Senate Bill 63, introduced by Louisville Senator Morgan McGarvey.

"License to Discriminate" HB 105 mirrors legislation introduced by London Senator Albert Robinson last year that would strip the enforcement powers from local Fairness Ordinances passed in cities and counties across Kentucky. Since 1999, eight Kentucky cities have outlawed LGBT discrimination in employment, housing, and public accommodations--Covington, Danville, Frankfort, Lexington, Louisville, Midway, Morehead, and the Appalachian town of Vicco. HB 105 additionally opens the door to challenge religious and racial discrimination protections, which have been in place in Kentucky since the 1960s. Some individuals who could legally face discrimination under HB 105 include:

"Bathroom Bill" HB 106 would outlaw transgender people from using any restroom or changing facility under the jurisdiction of the state that matches their gender identity. "Every multiple occupancy bathroom or changing facility under control of a city, county, urban-county, consolidated local government, charter county, or unified local government shall be designated for and used only by persons based on their biological sex."


Founded in 1991, the Fairness Campaign is Kentucky's broad-based community effort dedicated to equal rights for lesbian gay, bisexual, and transgender people. Its primary goal is comprehensive civil rights legislation prohibiting discrimination on the basis of sexual orientation and gender identity, and to dismantle systemic racism.

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