Bill > HB837

This bill, titled the "Religious Freedom Restoration Act," aims to preserve religious freedom in Georgia by applying federal standards regarding government burdens on religious exercise to the state and its subdivisions. Specifically, it incorporates provisions from a federal law (42 U.S.C. Section 2000bb-1) that existed as of January 1, 2016, which generally prohibits the government from substantially burdening a person's religious exercise unless it demonstrates a compelling governmental interest and uses the least restrictive means to achieve that interest. If a person believes their religious freedom has been violated by the government, they can seek a court order for a declaratory judgment (a statement of legal rights) or injunctive relief (a court order to do or stop doing something). The bill also allows the prevailing party, if not the government, to recover reasonable attorney's fees. It clarifies that this act does not apply to prison rules related to safety and security or create new rights for employees against private employers. The bill defines "government" broadly to include state and local entities, and "exercise of religion" broadly to encompass various religious practices. Furthermore, it waives the state's sovereign immunity (its protection from lawsuits) in cases where someone is seeking a declaratory judgment, injunctive relief, or attorney's fees against the state or its political subdivisions, but not for monetary damages. This waiver of sovereign immunity applies to actions filed on or after the bill's effective date.