Right now, Georgians’ right to Religious Freedom is weak and vulnerable to government abuse. That’s because Georgia has not yet passed the Religious Freedom Restoration Act (RFRA).
30 years ago, a nearly unanimous Congress passed the Federal Religious Freedom Restoration Act – which was signed into law by President Bill Clinton – in response to a U.S. Supreme Court decision (Employment Division v. Smith) that weakened the decades-old protections for citizens to live and work according to their religious beliefs. RFRA creates a very rational balancing test to protect religious freedom from unwarranted government infringement, and ensures every citizen will receive a fair hearing when government action seeks to force them to violate their religious beliefs.
RFRA ensures that when a citizen has a sincere religious exercise which is substantially burdened by a government action, the government demonstrates that A) their action is demanded to protect a vitally important government interest (the “compelling interest” test) and B) they pursued that interest in the least restrictive means possible. This is a test that is applied in a judicial context to protect every other First Amendment right.
However, the US Supreme Court ruled in 1997 that the federal RFRA did not apply to state and local governments. Subsequently, 25 states have passed a state version of RFRA to protect the ability of people of diverse faiths to practice their religious beliefs in peace. Georgia must join them in protecting Religious Freedom from government intrusion at an equal level with other bedrock rights such as the freedoms of Speech and the Press.
In 2023 alone, two more states passed a state-level RFRA – West Virginia, & N. Dakota – and Arkansas passed a bill to strengthen their law, which brings the total number of state RFRAs to 25. Even though it has been proven to protect the ability of people of diverse faiths all across the nation to practice their religious beliefs in peace, without creating any disparity between religious groups, Georgia still has not passed this vital protection.
The COVID-19 pandemic demonstrated across the country the necessity of having a bulwark against overly burdensome government restriction of the free exercise of religion. Where it did not exist, government officials at every level were empowered to run roughshod over the exercise of this sacred freedom. (protect the religious rights of vulnerable minorities).
FACT: RFRA cannot be used to sue private employers. In fact, since the passage of RFRA on the federal level (including all 23 states that use RFRA’s balancing test), no such claim has ever been raised against a private employer.
RFRA does not encourage or allow discrimination against those who identify as LGBTQ+ or anyone else. It simply provides a way for Georgians to weigh the exercise of their religious beliefs with the government’s interests.
FACT: RFRA does not encourage or allow discrimination against those who identify as LGBTQ+ or anyone else. It simply provides a way for Georgians to weigh the exercise of their religious beliefs with the government’s interests.
FACT: RFRA’s protection of religious freedom makes Georgia a more attractive place for all, especially those with diverse or minority faiths. When the government protects freedom, businesses and the economy flourish; when it limits citizens’ freedoms, it undermines innovation and removes vital players from the marketplace, thereby limiting the choices and options available to Georgians.