InsiderAdvantage published a Jan. 20 article claiming that former Atlanta Fire Chief Cochran has become “the face of the religious liberty bills” under consideration in the Georgia Legislature. The article reveals the level of misinformation about the bills that has confused Georgians since their introduction last year.
Two legislators introduced bills that they thought necessary but non-controversial. It mirrored closely the Religious Freedom Restoration Act (RFRA) that overwhelmingly passed Congress in 1993 with bi-partisan support. Nineteen other states have already passed similar bills—and the state bills were in response to a federal court case ruling which declared RFRA only applied to federal government overreach. State versions simply safe-guarded our First Amendment freedom of religion from actions by state and local governments.
As soon as the legislation was introduced last year, detractors said the Georgia religious freedom bill would allow Jim Crow-like discrimination, would trump other laws, would create an unfavorable business climate and somehow violate the Constitution. The wild accusations flew and the bill was buried.
So what does the “Preventing Government Overreach on Religious Expression” do? And what doesn’t it do?
It provides protection to all religions, including religious minorities. It is constitutional — the U.S. Supreme Court’s recent Hobby Lobby decision was based on federal RFRA. There are no automatic wins in court based on RFRA – the courts would determine if governments are substantially burdening religious freedom, if claims are in balance with other applicable laws, and so on. Sharia law or Old Testament Biblical laws have not replaced our current laws, nor has discrimination become legal. No businesses have fled any other state where RFRA is in place or cited that as a reason not to locate there. As a matter of fact, every claim made against RFRA could be made against our Constitution’s First Amendment, but somehow businesses and culture have survived with religious freedom intact.
Why is it needed? A college disenfranchises a student- led Christian group, calling a foot washing at its retreat “hazing.” Municipalities pass zoning laws that specifically exclude churches from areas where other similar groups can meet. A public library rejects placement of donated Bibles. A religious school being blocked from building a campus. These scenarios used to play out in faraway places, but now they’ve come to Georgia.
But back to the ex-fire chief’s case against the city. I’m no attorney, but it’s safe to say the chief’s case could be based on employment laws related to religious discrimination rather than the “Preventing Government Overreach on Religious Expression” bill. Regardless of RFRA, the federal government’s EEOC website states: (emphasis added) “Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.” And “It is illegal to harass a person because of his or her religion. Harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). “
So federal employment law could likely be used to determine whether Cochran suffered religious discrimination in his workplace. His case is not affected one way or another by this Georgia legislation.
Whether it’s freedom of speech, the press, assembly, petitioning for redress of grievances, or our first right mentioned in the Bill of Rights — freedom to exercise our religion— those are rights worth protecting. It comes down to this: If my freedoms can be taken, so can yours. If my freedoms are protected, so are yours.
America – protecting your individual freedom since 1787. RFRA and the “Preventing Government Overreach on Religious Expression” legislation will continue that proud tradition.
The author is the regional field director for the Georgia-based Faith & Freedom Coalition.
