State Rep. Sam Teasley (R-Marietta) is a realtor in Cobb County and the House of Representatives sponsor of the controversial Religious Freedom Restoration Act. The bill did not pass during the 2015 legislative session but it will return next year. The Senate sponsor is Sen. Josh mcKoon, (R-Columbus).
Jim Kingston: What does this bill do?
Rep. Teasley: It simply restores the strict scrutiny standard on government’s ability to burden a person’s free exercise of religion. In the 1st Amendment, there are four specific rights spelled out: religion, speech, press, and assembly. Government has to pass a very high level of scrutiny before it could interfere with those last three rights, but due to 1990 and 1997 U.S. Supreme Court rulings, religion is currently at a lower standard in Georgia. A Georgia RFRA would restore that protection and bring us in line with over 30 states and the federal government on protecting the free exercise of religion.
Jim Kingston: Why is this bill necessary?
Rep. Teasley: Because U.S. Supreme Court rulings in Employment Division v. Smith (1990) and Boerne v. Flores (1997) had the effect of lowering the standard that government is held to on issues of religious burden.
Jim Kingston: Is this bill pandering to the Republican base, and in your view is the party too far right as it is?
Rep Teasley: No, this is not a conservative or liberal issue. The very same language I have proposed was brought forth by former Congressman Chuck Schumer and Senator Ted Kennedy and signed into law by President Bill Clinton. Illinois State Senator Barack Obama voted for a very similar measure in 1998. This is a 1st Amendment issue which I believe should unite both Republicans and Democrats, liberals and conservatives. As Americans, we believe that government ought to be held to a higher standard before it can burden the free exercise of religion.
Jim Kingston: What happened in the legislative session of 2014? Why hasn’t this bill already passed?
Rep. Teasley: A combination of things happened. Opponents of the measure misrepresented what the bill would actually do, both in Georgia and in other states, and helped create a media narrative that was unfavorable to the issue. Unfortunately, some members from the Lesbian, Gay, Bisexual, and Transgender community (LGBT) have incorrectly stated that this is an attempt to encourage discrimination against their community. That is simply not true. Understandably, people of goodwill don’t want to see anyone in America unfairly discriminated against and many have accepted the charge of RFRA “discriminating” as true. If I believed that it encouraged discrimination, I would oppose it myself.
Jim Kingston: The Georgia Chamber of Commerce is against this bill in its current form. Why?
Rep. Teasley: I don’t accept that characterization. The Chamber of Commerce has an interest in seeing our business climate flourish and that all people are treated fairly. I am certain that goes for people of faith as well.
Jim Kingston: What has your interaction with the Chamber of Commerce been like? Is there a version of this bill that you would approve and that the Chamber would also support?
Rep. Teasley: I have had positive discussions with the Chamber throughout this process. It is my hope that a measure that closely mirrors the federal language with over 20 years of legislative history (with no cases of this language being used in a discriminatory manner) will be satisfactory for all. Again, this language has stood the test of time (the actual balancing test shows up in 1960s Supreme Court cases), has been bipartisan and never been used as a successful defense of discrimination.
Jim Kingston: Many of those who oppose this bill claim that it discriminates. How do you respond?
Rep. Teasley: I have asked for a year and a half for someone to show me a case where it has been used in that way and not one case has been produced. It simply defies logic that a restriction on government encourages discrimination.
Jim Kingston: How does the U.S. Supreme Court’s same-sex marriage decision affect this bill?
Rep. Teasley: I don’t see how it does.
Jim Kingston: The country is growing in a secular direction more and more. Are same-sex marriage and other social issues just a bunch of losing battles that hurt Republican Party efforts?
Rep. Teasley: The Founders of the country believed in secular government but also understood that our limited form of government was best suited for a people that self-governed. Many people of faith draw strength in their own ability to self-govern from the belief that they are accountable to a higher authority than government– their Creator. I recognize that cultural issues are sometimes uncomfortable, but that certainly doesn’t stop the Left from pushing their views aggressively on these issues. Americans enjoy the free exchange of ideas and can handle a vigorous dialogue. Each party is made up of a coalition of voters, ranging from “liberal” to “conservative” on matters of tax policy to foreign policy to functions of government and to cultural policy. Some cultural conservatives are liberal on other policies and vice versa. Many who identify with one party over the other are not uniformly “liberal” or “conservative.”
Jim Kingston: What needs to happen in 2016 for this bill to become law? I am sure you are optimistic that it passes, but what are the realistic odds of this happening?
Rep. Teasley: I saw some movement in people’s thinking this year and am encouraged by that. As citizens see what the bill actually does, and doesn’t do, they are realizing that this is a common sense restriction on government. I think that this measure passes because our political leaders under the Gold Dome understand the importance of protecting the free exercise of religion and have the courage to reject the rhetoric of the far Left.
Jim Kingston: Are there any other points that you would like Georgia citizens to know about this bill?
Rep. Teasley: As long as I have been in politics, it has been my aim to encourage thoughtful and civil dialogue and debate on the issues. This issue is no different. I think the people of Georgia can handle a vigorous discussion on this issue. And at the end of the day, when you consider its long bipartisan history, I believe the vast majority of Georgians will support this modest protection for people of faith. There are many who consider themselves Republican because of these “social issues.” It is my suspicion that if there were no difference between the Republican and Democrat parties on these issues, that Republicans would lose more support than they would gain.
InsiderAdvantage writer Jim Kingston is the son of former Congressman Jack Kingston and works on business development for Partners Risk Services, an independent insurance agency out of Atlanta. He can be reached at JKingston@partnersrs.com
