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GA SB36

GA SB36
"Georgia Religious Freedom Restoration Act"; enact


summary

Introduced
01/27/2025
In Committee
03/27/2025
Crossed Over
03/04/2025
Passed
04/03/2025
Dead
Signed/Enacted/Adopted
04/04/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for the granting of relief; to provide for definitions; to provide for construction; to provide for statutory interpretation; to provide for a short title; to provide for legislative findings and determinations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill establishes the Georgia Religious Freedom Restoration Act, which provides legal protections for individuals' religious exercise against government actions that substantially burden their religious practices. The bill allows individuals to challenge government actions that interfere with their religious beliefs, requiring the government to demonstrate that any such burden meets two key criteria: first, that it furthers a compelling governmental interest, and second, that it uses the least restrictive means to achieve that interest. The legislation defines "exercise of religion" broadly, covering any religious practice protected by state or federal constitutional provisions, and applies to all levels of government in Georgia. Individuals who believe their religious exercise has been improperly burdened can seek judicial relief and potentially recover attorney's fees if they prevail. The bill explicitly states that it does not alter the Establishment Clause of the First Amendment and clarifies that granting government funding or benefits to religious entities is permissible as long as it complies with constitutional standards. Notably, the bill was inspired by a 1997 Supreme Court case (City of Boerne v. Flores) that required states to pass their own religious freedom protection laws to apply the "compelling interest test" to state and local government actions.

Committee Categories

Justice

Sponsors (33)

Last Action

Effective Date 2025-04-04 (on 04/04/2025)

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