holly with cbf pastors rgb

 

By Aaron Weaver, Cooperative Baptist Fellowship with BJC Staff Reports

GAINESVILLE, Ga. — A group of Cooperative Baptist pastors gathered March 17 at First Baptist Church, Gainesville, Georgia, for a luncheon and conversation on religious freedom with Baptist Joint Committee General Counsel Holly Hollman.

The event, sponsored by Faith in Public Life, a faith-based public policy group based in Washington, D.C., came amid a contentious debate across the state over pending religious freedom legislation. On March 5, the Georgia Senate unexpectedly passed the “Georgia Religious Freedom Restoration Act” or Senate Bill 129, which forbids the government from substantially burdening a person’s exercise of religion unless doing so is essential to achieve a compelling governmental interest and is the least restrictive means of achieving that interest.

Opponents stressed that SB 129 may weaken local anti-discrimination ordinances in Georgia cities, including Atlanta, that protect against discrimination on the basis of sexual orientation. Meanwhile, supporters contend that the purpose of the religious freedom bill is to make it more difficult for local governments to infringe on the freedoms of Georgia residents.

Other states across the country have been engaged in similar debates over various religious freedom bills, including Indiana and Arkansas.

Legal scholars say that although the Georgia Senate bill closely mirrors the federal Religious Freedom Restoration Act, it differs in small but important ways, imposing a heightened requirement on state and local governments to justify burdening a person’s religious exercise.

Hollman pointed to the inclusion in SB 129 of new language that diverted from the federal RFRA standard, calling for the government’s compelling interest to be of the “highest magnitude.”

The federal RFRA was the product of years of legal scholars studying the language and working to agree on a standard, she said. RFRA does not dictate outcomes, but it allows claims of sincerely held religious belief that are substantially burdened by the government to have a day in court. The BJC led the coalition of nearly 70 organizations from across the political and religious spectrum that urged Congress to pass RFRA in 1993.

“We at the Baptist Joint Committee oppose state RFRAs where states monkey with the language to make sure the religious adherent wins,” Hollman said. “We’re not ready to throw out the standard of RFRA. We continue to stand by that federal standard and watch closely what courts do.”

Hollman also highlighted the public rhetoric surrounding the religious freedom legislation in Georgia, pointing out exaggerated assertions that the Georgia bill would help abusers and the Ku Klux Klan.

“These claims are wild hyperbole and unhelpful to religious freedom conversations in Georgia,” Hollman said. “Unfortunately, this is what gets people’s attention and this is a starting point, rather than having a helpful conversation.”
Hollman emphasized the role of the courts in rejecting frivolous lawsuits.

“You can assert a lot of claims and file a lot of claims, but that doesn’t mean you should win or that you should be alarmed. That’s what the courts do — they throw out bad claims all the time.”

Since the federal RFRA became law in 1993, very few claims have prevailed in the courts, Hollman said, citing recent legal research. She noted that unsuccessful RFRA claims have included religion-based defense to marijuana charges, religion-based defenses to sexual misconduct (including clergy sexual abuse) and religious defenses against paying child support.

“Courts remain skeptical of granting religious exemptions when the exemptions result in harm to third parties,” Hollman said.
She thanked the group for their support of religious freedom and encouraged the pastors to continue to be faithful to the foundational Baptist and biblical commitment to an uncoerced faith.

“You are seen [in your communities] as responsible people who not only care about your own religious freedom but religious freedom for everyone,” she said during the program.

At press time for Report from the Capital, Georgia’s SB 129 remained tabled in a House committee, where it first landed March 26. ONLINE UPDATE: It remained tabled through the end of the legislative session April 2. For the latest legislative developments in the states, visit the Baptist Joint Committee’s state RFRA tracker at BJConline.org/state-rfra-tracker-2015.

 

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