Georgia does not have a Religious Freedom Restoration Act.
Pending Religious Freedom Legislation
2015 Georgia Religious Freedom Restoration Act (S.B. 129)
Senate Bill 129
By: Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Crane of the 28th, Bethel of the 54th, Harbin of the 16th and others
A BILL TO BE ENTITLED AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for legislative findings; to provide for definitions; to provide for the granting of relief; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the “Georgia Religious Freedom Restoration Act.”
SECTION 2.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:
“CHAPTER 15A
A- l.
The General Assembly finds and determines that:
The framers of the United States Constitution, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution;
The people of this state, to perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, provided for the protection of religious opinions and freedom of religion in Paragraphs III and IV of Section I.Article I of the Constitution of this state; and
(3) Given the inalienable right to the free exercise of religion and the constitutional protections afforded to religious opinions and freedom of religion in this state. government should not burden religious exercise without compelling justification and the use of the least restrictive means to achieve its governmental purpose.
As used in this chapter. the term:
‘Compelling governmental interest’ means a governmental interest of the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion of the person seeking relief under this chapter.
‘Demonstrates’ means meets the burdens of going forward with the evidence and of persuasion.
‘Exercise of religion’ means the practice or observance of religion under Paragraphs III and IV of Section L Article I of the Constitution of this state and the Free Exercise Clause of the First Amendment to the Constitution of the United States. including but not limited to the right to act or refuse to act in a manner that is substantially motivated by a sincerely held religious belief. whether or not the religious exercise is compulsory or central to a larger system of religious belief. and the use or intended use or the building or conversion of real property for a religious purpose.
‘Government’ means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law. including but not limited to the executive. legislative. and judicial branches and every department. agency. board. bureau. office. commission. authority. or similar body thereof; municipalities; counties; school districts; special taxing districts; conservation districts; authorities; and any other state or local public instrumentality or corporation.
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability. unless government demonstrates that application of the burden to the person is:
(1) Essential to achieve a compelling governmental interest; and
(2) The least restrictive means of achieving that compelling governmental interest.
A person whose religious exercise has been burdened in violation of this chapter may assert that claim or defense in a judicial. agency. or other proceeding and obtain appropriate relief against government.
Nothing in this chapter shall be construed to:
(1) Apply to penological rules, regulations, conditions, or policies established by a penal institution that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised violators, or the public, or to the maintenance of good order and discipline in any penal institution or parol or probation program; or
(2) Create any rights by an employee against an employer if such employer is not government.
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed
Preventing Government Overreach on Religious Expression Act
(H.B. 29) pre-filed 12/30/14
A BILL TO BE ENTITLED AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for a short title; to provide for findings; to provide for definitions; to provide for penalties; to provide for the granting of relief; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the “Preventing Government Overreach on Religious Expression Act.”
SECTION 2.
(a) The Georgia General Assembly finds and determines that in passing the Religious Freedom Restoration Act of 1993 with an overwhelming bipartisan majority, the United States Congress specifically affirmed that:
(1) The framers of the United States Constitution, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution;
(2) Laws neutral toward religion have the same potential to burden religious exercise as laws purposely intended to interfere with religious exercise;
(3) Governments should not substantially burden religious exercise without having a compelling justification;
(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court decision had the practical effect of eliminating the requirement, absent a statute enacted by Congress, that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) The compelling interest test as set forth by the federal courts is a workable test for striking sensible balances between religious liberty and competing prior governmental
interests.
(b) The Georgia General Assembly further finds and determines that:
(1) Paragraph III of Section 1 of Article I of the Constitution of this state provides that each person has the natural and inalienable right to worship God, each according to the dictates of that person’s own conscience; and no human authority should, in any case, control or interfere with such right of conscience;
(2) Paragraph IV of Section 1 of Article I of the Constitution of this state provides that no inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state;
(3) In City of Boerne v. Flores, 521 U.S. 507 (1997), the protections of religious exercise afforded by the Religious Freedom Restoration Act of 1993 were ruled applicable only to religious exercise burdened by federal law or agencies and provided no protection from burdens on religious exercise from state or local law or governments; this decision mandated that any state seeking to provide the same level of protection of religious exercise from state or local governments would be required to enact a state statute equivalent to the Religious Freedom Restoration Act of 1993 as enacted by the 103rdUnited States Congress;
(4) Since the 1997 Supreme Court decision the following states have enacted state-level Religious Freedom Restoration Act statutes: Alabama, Arizona, Connecticut, Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Virginia; and
(5) In numerous cases at both the federal and state levels, the Religious Freedom Restoration Act statutes have provided meaningful protections from unreasonable burdens on religious exercise and in no cases have been used to discriminate or undermine the rights of any person or class of people; in fact, these statutes have been models of achieving the balance between preventing government overreach in religious expression allowing governments at all levels to protect peace and public safety, and providing an environment of economic vitality and individual freedom that has made the United States and the State of Georgia models worldwide.
SECTION 3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:
“CHAPTER 15A 50-15A-1.
As used in this chapter, the term:
(1) ‘Demonstrates’ means meets the burdens of going forward with the evidence and of
persuasion.
(2) ‘Exercise of religion’ or ‘religious exercise’ means the practice or observance of religion, whether or not compelled by or central to a system of religious belief, including but not limited to the use, building, or conversion of real property for the practice or observance of religion.
(3) ‘Government’ means the state or any local subdivision of the state or public instrumentality or public corporate body created by or under authority of state law, including but not limited to the executive, legislative, and judicial branches and every department, agency, board, bureau, office, commission, authority, or similar body thereof; municipalities; counties; school districts; special taxing districts; conservation districts; authorities; and any other state or local public instrumentality or corporation.
(4) ‘Penal institution’ means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances and any entity supervising such violators placed on parole, probation, or other conditional release.
50-15A-2.
(a) Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this Code section.
(b) Government may substantially burden a person’s exercise of religion only if government demonstrates that the application of such burden to a person is in furtherance of a compelling governmental interest and the least restrictive means of furthering that compelling governmental interest.
(c) A person whose religious exercise has been burdened in violation of this chapter may assert that claim or defense in a judicial proceeding and obtain appropriate relief against government.
50-15A-3.
(a) Nothing in this chapter shall be construed to:
(1) Impair the fundamental right of every parent to control the care and custody of such parent’s minor children, including but not limited to control over education, discipline, religious and moral instruction, health, medical care, welfare, place of habitation, counseling, and psychological and emotional well-being of such minor children as provided for under the laws of this state and of the United States;
(2) Create any rights by an employee against an employer if such employer is not government; or
(3) Apply in any criminal case involving a sexual offense committed against a minor.
(b) Except as provided by subsection (c) of this Code section, this chapter shall apply to all actions by government.
(c) This chapter shall apply neither to penological rules, regulations, conditions, or policies established by a penal institution that are reasonably related to the safety and security of incarcerated persons, staff, visitors, supervised violators, or the public nor to the maintenance of good order and discipline in any penal institution or parol or probation
program.”
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.