by Dave Williams | Feb 15, 2023 | Capitol Beat News Service
ATLANTA – A fight over religious freedom legislation that roiled the General Assembly seven years ago is back before Georgia lawmakers.
State Sen. Ed Setzler introduced a bill Wednesday protecting the right of Georgians to “free exercise of religion” from intrusion by the state or local governments.
“Every Georgian should be free to exercise their religious faith,” Setzler, R-Acworth, said during a news conference at the state Capitol. “Without a state RFRA (Religious Freedom Restoration Act), Georgians do not have protection for religious expression.”
Congress passed a bipartisan federal RFRA law back in 1993. But the U.S. Supreme Court ruled four years later that the protections the law provided extended only to intrusions by the federal government, not by states or local governments.
The Republican-controlled General Assembly passed a Georgia RFRA bill in 2016. But then-GOP Gov. Nathan Deal vetoed the measure after a storm of protest from civil rights groups that it threatened the rights of LGBTQ+ Georgians.
Business organizations including the Metro Atlanta Chamber of Commerce also opposed the bill as potentially harmful to Georgia’s economy after organizers of conventions and sporting events threatened to boycott the Peach State if the RFRA legislation became law.
Setzler said the 2016 bill was “broadly expanded” from the language contained in the federal RFFA. He said his new bill sticks to the language of the federal law.
Under Senate Bill 180, the state and local governments would not be permitted to “substantially burden” an individual’s free exercise of religion unless the government could demonstrate it had a “compelling governmental interest” in doing so and that it was using the “least restrictive means” of intrusion.
Frontline Policy Action, a Georgia-based Christian organization, endorsed Setzler’s bill.
“This legislation doesn’t determine outcomes in the courtroom but simply provides a balancing test to weigh important, competing interests and give religious freedom a fair hearing,” said Cole Muzio, the group’s president. “Frontline will continue to work with like-minded lawmakers to champion SB180 and turn this long overdue and timely legislation into law.”
The Metro Atlanta Chamber did not immediately respond to an e-mail requesting comment.
Setzler’s bill has picked up support from some influential Senate Republicans. Cosponsors include Senate Majority Leader Steve Gooch, R-Dahlonega, and Sen. Matt Brass, R-Newnan, chairman of the Senate Rules Committee.
This story is available through a news partnership with Capitol Beat News Service, a project of the Georgia Press Educational Foundation.
