Georgia Religious Freedom Restoration Act (RFRA)
Senate Bill 129 and House Bill 837
SB 129, sponsored by Senator Josh McKoon, passed the Senate last year. Unfortunately, it was amended with bad language in the House Judiciary Committee last year and was tabled. Thus, the focus now is on passiing HB 837, introduced by Rep. Ed Setzler this year.
All states surrounding Georgia already have RFRA. It is time Georgia passes RFRA language that mirrors the successful federal RFRA passed in 1993. RFRA restores the highest standard of judicial review, known as strict scrutiny. RFRA's restoration of strict scrutiny ensures that government cannot substantially burden the free exercise of religion without a compelling justification of the highest order. RFRA puts the burden on government to prove it has a compelling governmental interest. If it cannot prove its case, then the religious liberty interest overrides the government's interest. On the other hand, if government does prove it has a compelling interest, such as public safety, then RFRA requires that government must use the least restrictive means of accomplishing its ends so that religious liberty is as little infringed as possible.
Senate Bill 129 and House Bill 837
SB 129, sponsored by Senator Josh McKoon, passed the Senate last year. Unfortunately, it was amended with bad language in the House Judiciary Committee last year and was tabled. Thus, the focus now is on passiing HB 837, introduced by Rep. Ed Setzler this year.
All states surrounding Georgia already have RFRA. It is time Georgia passes RFRA language that mirrors the successful federal RFRA passed in 1993. RFRA restores the highest standard of judicial review, known as strict scrutiny. RFRA's restoration of strict scrutiny ensures that government cannot substantially burden the free exercise of religion without a compelling justification of the highest order. RFRA puts the burden on government to prove it has a compelling governmental interest. If it cannot prove its case, then the religious liberty interest overrides the government's interest. On the other hand, if government does prove it has a compelling interest, such as public safety, then RFRA requires that government must use the least restrictive means of accomplishing its ends so that religious liberty is as little infringed as possible.
2nd Priority - Passing Georgia RFRA in 2016
EXECUTIVE BRANCH
The Honorable Nathan Deal
Governor of Georgia
206 Washington Street
111 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-1776
Capitol Fax: (404) 657-7332
Email Form at the following website:
https://gov.georgia.gov/webform/contact-governor-domestic-form
The Honorable Casey Cagle
Lt. Governor of Georgia
240 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5030
Capitol Fax: (404) 656-6739
Email Form at the following website:
https://ltgov.georgia.gov/contact-lt-governor
SELECTED HOUSE MEMBERS
The Honorable David Ralston
Speaker of the House
Georgia House of Representatives
332 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5020
Capitol Fax: (404) 656-5644
District Phone: (706) 632-2221
Email: david.ralston@house.ga.gov
The Honorable John Meadows
Chairman, House Rules Committee
Georgia House of Representatives
HM-1 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5141
Email: john.meadows@house.ga.gov
The Honorable Wendell Willard
Chairman, Judiciary Committee
Georgia House of Representatives
132 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5125
Capitol Fax: (404) 657-8277
Wendell.willard@house.ga.gov
The Honorable Nathan Deal
Governor of Georgia
206 Washington Street
111 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-1776
Capitol Fax: (404) 657-7332
Email Form at the following website:
https://gov.georgia.gov/webform/contact-governor-domestic-form
The Honorable Casey Cagle
Lt. Governor of Georgia
240 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5030
Capitol Fax: (404) 656-6739
Email Form at the following website:
https://ltgov.georgia.gov/contact-lt-governor
SELECTED HOUSE MEMBERS
The Honorable David Ralston
Speaker of the House
Georgia House of Representatives
332 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5020
Capitol Fax: (404) 656-5644
District Phone: (706) 632-2221
Email: david.ralston@house.ga.gov
The Honorable John Meadows
Chairman, House Rules Committee
Georgia House of Representatives
HM-1 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5141
Email: john.meadows@house.ga.gov
The Honorable Wendell Willard
Chairman, Judiciary Committee
Georgia House of Representatives
132 State Capitol
Atlanta, GA 30334
Capitol Phone: (404) 656-5125
Capitol Fax: (404) 657-8277
Wendell.willard@house.ga.gov
Don't wait! Call and email Governor Nathan Deal and Speaker of the House, Rep. David Ralston. Urge them to support the First Amendment Defense Act, HB 757 and the Religious Freedom Restoration Act, HB 837, without any amendments that would add so-called anti-discrimination language.
Adding such language would elevate all manner of perceived discrimination above religious liberty claims, thus nullifying the purpose of the legislation.
Adding such language would elevate all manner of perceived discrimination above religious liberty claims, thus nullifying the purpose of the legislation.
UPDATE
On March 16th, the Georgia Senate passed the House's new version of
HB 757, now entitled as the Free Exercise Protection Act. Senate vote was 37 to 18. House vote was 104 to 65.
On March 16th, the Georgia Senate passed the House's new version of
HB 757, now entitled as the Free Exercise Protection Act. Senate vote was 37 to 18. House vote was 104 to 65.
Georgia First Amendment Defense Act (FADA -Senate Bill 284) has now been incorporated into the Pastors Protection Act (House Bill 757). After passing the Rules Committee, it passed the Senate on Friday, February 19, in a vote of 38 to 14.
In light of the U.S. Supreme Court decision, Obergefell v. Hodges, the original bill, SB 284, was introduced for the first time this year in the Georgia Senate by Sen. Greg Kirk. The Georgia FADA would preserve the status quo regarding marriage as much as possible. It would prevent state and local governments from discriminating against individuals and organizations based upon their religious beliefs or moral convictions that marriage is the union of one man and one woman or that sexual relations are properly reserved to such a marriage. The Act provides broad protections against adverse government actions directed toward individuals and organizations that act and speak on such beliefs. In a pluralistic society, in which people hold more than one view of marriage, it is possible to protect the rights of same-sex couples, as required by the United States Supreme Court, without forcing religious groups and believers to conform through punitive measures that violate their consciences.
How Do RFRA and FADA compare?
These bills are quite different in their intent and scope, however the overarching purpose for both bills is restoring traditional protections for religious liberty.
RFRA
RFRA's purpose is to provide the framework and foundation to protect religious liberty because it provides broad, protection in a wide range of contexts. The Georgia RFRA simply establishes a judicial balancing test, the same one historically used by the U.S. Supreme Court and federal judges in religious liberty claim cases. Georgia's judges would be required to weigh any governmental burden on religious liberty against the importance of the government's competing interest. Whether a religious liberty claim wins in a Georgia court would depend on how the court balanced the competing claims under the guidance of the Georgia RFRA.
Particularly, the balancing test requires that courts use their strict scrutiny standard of review to ensure that government cannot substantially burden the free exercise of religion without compelling justification of the highest order and that government must use the least restrictive means to accomplish its constitutional objective.
In the absence of RFRA, bureaucracies almost always have the advantage. RFRA instead puts the burden on government to justify actions that infringe on religious liberty. However, RFRA is not a guarantee that those making a religious claim will win their case. RFRA merely provides firm statutory language upon which a robust defense against government action can be mounted. RFRA protection was the defense that Hobby Lobby used to win its case before the U.S. Supreme Court.
RFRA
RFRA's purpose is to provide the framework and foundation to protect religious liberty because it provides broad, protection in a wide range of contexts. The Georgia RFRA simply establishes a judicial balancing test, the same one historically used by the U.S. Supreme Court and federal judges in religious liberty claim cases. Georgia's judges would be required to weigh any governmental burden on religious liberty against the importance of the government's competing interest. Whether a religious liberty claim wins in a Georgia court would depend on how the court balanced the competing claims under the guidance of the Georgia RFRA.
Particularly, the balancing test requires that courts use their strict scrutiny standard of review to ensure that government cannot substantially burden the free exercise of religion without compelling justification of the highest order and that government must use the least restrictive means to accomplish its constitutional objective.
In the absence of RFRA, bureaucracies almost always have the advantage. RFRA instead puts the burden on government to justify actions that infringe on religious liberty. However, RFRA is not a guarantee that those making a religious claim will win their case. RFRA merely provides firm statutory language upon which a robust defense against government action can be mounted. RFRA protection was the defense that Hobby Lobby used to win its case before the U.S. Supreme Court.
FADA
In comparison, the Georgia FADA also protects religious liberty, but the contrast with RFRA is quite evident in that FADA offers guaranteed protection for a particular subset of religious beliefs and actions regarding the sacred bonds of marriage and moral sexual conduct, which may not be covered under RFRA. The Georgia FADA is specifically limited to protecting citizens from governmental retaliation regarding such traditional views on marriage and sexual conduct.
If its protections are triggered, FADA’s protections are stronger than RFRA’s. If a court finds that FADA’s protections apply, then there is no balancing test between the citizen’s claim and the government’s interest. Instead, under FADA, the citizen automatically wins, whereas under RFRA, the citizen may or may not win due to many variables of any particular case and how the courts balances all the issues involved.
In the context of protecting citizens who hold the traditional view of marriage, however, FADA signifies that the General Assembly itself has already done the necessary balancing of interests between a citizen’s right to hold and act upon traditional beliefs regarding marriage and any countervailing governmental interest and has determined that the citizen’s religious beliefs and right of conscience regarding marriage and moral sexual conduct should be protected.
In comparison, the Georgia FADA also protects religious liberty, but the contrast with RFRA is quite evident in that FADA offers guaranteed protection for a particular subset of religious beliefs and actions regarding the sacred bonds of marriage and moral sexual conduct, which may not be covered under RFRA. The Georgia FADA is specifically limited to protecting citizens from governmental retaliation regarding such traditional views on marriage and sexual conduct.
If its protections are triggered, FADA’s protections are stronger than RFRA’s. If a court finds that FADA’s protections apply, then there is no balancing test between the citizen’s claim and the government’s interest. Instead, under FADA, the citizen automatically wins, whereas under RFRA, the citizen may or may not win due to many variables of any particular case and how the courts balances all the issues involved.
In the context of protecting citizens who hold the traditional view of marriage, however, FADA signifies that the General Assembly itself has already done the necessary balancing of interests between a citizen’s right to hold and act upon traditional beliefs regarding marriage and any countervailing governmental interest and has determined that the citizen’s religious beliefs and right of conscience regarding marriage and moral sexual conduct should be protected.
As for the Lt. Governor, thank him for bringing HB 757 to the Senate floor for a vote. HB 757, which originally began in the House as the Pastors Protection Act was amended in Senate Rules with language from the First Amendment Defense Act. Once the bill reached the Senate flloor, it passed 38-14!
Need Help?
Need sample letters or helpful notes? Visit the Action Tips page.
Need sample letters or helpful notes? Visit the Action Tips page.
The Honorable Barry Fleming
Vice Chairman, Judiciary Committee
Georgia House of Representatives
401-H Coverdell LOB
Atlanta, GA 30334
barry.fleming@house.ga.gov
Capitol Phone: (404) 656-0152
The Honorable Stephen Allison
Secretary, Judiciary Committee
Georgia House of Representatives
504-A Coverdell LOB
Atlanta, GA 30334
stephen.allison@house.ga.gov
Capitol Phone: (404) 656-0188
District Phone: (706) 745-2210
Vice Chairman, Judiciary Committee
Georgia House of Representatives
401-H Coverdell LOB
Atlanta, GA 30334
barry.fleming@house.ga.gov
Capitol Phone: (404) 656-0152
The Honorable Stephen Allison
Secretary, Judiciary Committee
Georgia House of Representatives
504-A Coverdell LOB
Atlanta, GA 30334
stephen.allison@house.ga.gov
Capitol Phone: (404) 656-0188
District Phone: (706) 745-2210
The Honorable Allen Peake
Vice-Chairman, Rules Committee
Georgia House of Representatives
218-C State Capitol
Atlanta, GA 30334
allen.peake@house.ga.gov
Capitol Phone: (404) 656-5132
District Phone: (478) 474-5633
The Honorable Richard Smith
Secretary, Rules Committee
Georgia House of Representatives
220 State Capitol
Atlanta, GA 30334
richard.smith@house.ga.gov
Capitol Phone: (404) 656-6831
Capitol Fax: (404) 463-1673
Vice-Chairman, Rules Committee
Georgia House of Representatives
218-C State Capitol
Atlanta, GA 30334
allen.peake@house.ga.gov
Capitol Phone: (404) 656-5132
District Phone: (478) 474-5633
The Honorable Richard Smith
Secretary, Rules Committee
Georgia House of Representatives
220 State Capitol
Atlanta, GA 30334
richard.smith@house.ga.gov
Capitol Phone: (404) 656-6831
Capitol Fax: (404) 463-1673
1st Priority - Passing Georgia FADA in 2016
See these articles to understand why the Governor needs your encouragement to sign the bill: National Review, the AJC, and the Gospel Coalition.
ACT NOW
Pastors, download this Alert Bulletin to distribute to your congregations on March 20, which includes information about the final language of HB 757 passed by the Georgia House and Senate. Call Governor Nathan Deal at 404-656-1776 and urge him to sign HB 757, the Free Exercise Protection Act.
Pastors, download this Alert Bulletin to distribute to your congregations on March 20, which includes information about the final language of HB 757 passed by the Georgia House and Senate. Call Governor Nathan Deal at 404-656-1776 and urge him to sign HB 757, the Free Exercise Protection Act.
