Liberty Counsel: 'Georgia Enacts Religious Freedom Restoration Act'

ATLANTA, GA – Last week, Georgia became the 30th state to enact into law its own version of a Religious Freedom Restoration Act (RFRA) to protect individual religious freedoms from undue government interference. The law mirrors the federal RFRA enacted in 1993 by adding a specific layer of protection in Georgia from any unfair burden by state or local laws, orders, or policies that conflict with religious beliefs or expression.

Georgia Governor Brian Kemp signed Senate Bill 36, also called the “Georgia Religious Freedom Restoration Act,” after it passed largely along party lines by a vote of 32-23 in the state Senate and then 96-70 in the House.

While the federal RFRA protects individual religious freedoms from federal government overreach, a 1997 Supreme Court decision ruled that states must adopt their own law to apply similar protections against state and local government actions. Citing that decision, Georgia’s new RFRA recognizes the “inalienable right” of religious freedom and also allows a person to seek legal action if their religious freedom has been violated.

Georgia’s RFRA declares, “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” The law went on to stipulate that the government may only “substantially burden” the free exercise of religion if it demonstrates that the burden is the “least restrictive means” in furthering “a compelling governmental interest.”

Georgia officials stated the law regards religious freedom as fundamentally equal with the other enumerated rights in the Constitution, including the rights to free speech, free press, assembly, and to petition the government. Representative Tyler Paul Smith further explained the law does not license private citizens to discriminate against other private citizens, rather it keeps the state from burdening religious exercise.

At least 29 other states have RFRA laws in place, such as Alabama, Arizona, Arkansas, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

Liberty Counsel’s Founder and Chairman Mat Staver said, “We commend Georgia legislators for enacting the state’s Religious Freedom and Restoration Act. State RFRA laws protect people of faith from spurious lawsuits brought by those who disagree with their religious expression and from government attempts to punish religious conduct. Every remaining state without a RFRA law should follow suit and codify religious freedom protections from state overreach.”

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News Source: Georgia Enacts Religious Freedom Restoration Act - Liberty Counsel