Written by Don Byrd
The Georgia legislature is preparing to re-open debate about adopting a state Religious Freedom Restoration Act (RFRA) when the legislative session opens next week. A RFRA proposal (SB 129) passed Georgia’s State Senate but stalled in a House committee after lawmakers inserted language suggesting that eliminating discrimination is an “overriding” governmental interest that would defeat claims of substantial burden on religion under the law.
The bill’s sponsor, Sen. Josh McKoon, is poised to restart debate. It is unclear whether the House will maintain the anti-discrimination language, or make additional changes that would push the legislation further from its federal counterpart.
In the meantime, hundreds of faith leaders have expressed opposition to the effort in a petition concerned that RFRA may be used to justify discrimination in the name of religion.
As always with state RFRA proposals across the country, I will follow the debate and any legislative changes in Georgia closely. As we have seen, slight changes in language may have a large impact on RFRA’s effectiveness as a well-balanced protection of religious freedom.
