Nearly two weeks after it appeared the latest version of the Religious Freedom bill was going to be defeated in committee, members of the House Judiciary Committee narrowly approved SB 36, by Sen. Ed Setzler, R-Acworth, by a 9-6 vote Wednesday. The bill now heads to the Rules Committee and a possible vote by the full House.
The bill passed committee after Rep. Matt Reeves, R-Duluth, offered a clean-up amendment to the bill to restore SB 36 to its original form, a mirror to the federal RFRA. The legislation declares that state and local governments cannot “substantially burden” someone’s practice of religion unless there is a “compelling governmental interest.”
The bill would also allow persons who believe their religious freedoms have been violated to sue their local government and collect attorney fees should they win.
Some legislators have expressed concerns about the lack of discrimination protections in state law. Last week, the committee voted down the bill, but there was a prevailing motion to reconsider.
During the hearing last week, Setzler said he brought the bill following COVID-19 lockdown orders that halted church services in states across the country – though he acknowledged that very few specific complaints have been brought in Georgia.
The Georgia Municipal Association had proposed an amendment that would allow cities to be given a chance to resolve specific potential freedom-of-religion issues before a lawsuit is filed after expressing concerns that city governments could face a wave of lawsuits brought by residents who believe their religious practices have been impaired. That amendment was stripped out of the bill ahead of Wednesday’s committee vote.
The committee also voted down an amendment from Rep. Deborah Silcox, R-Sandy Springs, that would add anti-discrimination protections to the measure. Silcox voted against the bill at both hearings.
Several Senate bills have been proposed through the years, with Sen. Marty Harbin, R-Tyrone, and Setzler taking the lead.
