SB36 would make Georgia the 30th state to adopt a version of the federal Religious Freedom Restoration Act.
On April 3, Georgia lawmakers gave final approval to Senate Bill 36, formally titled the “Georgia Religious Freedom Restoration Act.” The bill, now awaiting action by Governor Brian Kemp, establishes legal protections for individuals asserting religious freedom claims against state and local government actions.
The legislation requires that if the government substantially burdens a person’s exercise of religion, it must demonstrate that doing so serves a compelling interest and is executed using the least restrictive means. This standard mirrors that of the federal Religious Freedom Restoration Act (RFRA), enacted in 1993, and now codified by 29 other states. If signed, Georgia would become the 30th state to enact similar statutory protections.
The law applies broadly to any state or local government entity and allows individuals to raise religious freedom as either a claim or a defense in court. It also permits recovery of attorney’s fees by prevailing parties in such cases, excluding judges acting within their judicial capacity unless clearly outside their jurisdiction.
The final version of SB36 includes language clarifying that the act does not affect the Establishment Clause of the U.S. Constitution. It states that “granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter.” It also emphasizes that “granting,” in this context, does not include denying such government provisions.
The legislative findings in the bill cite the U.S. Supreme Court’s 1997 ruling in City of Boerne v. Flores, which determined that RFRA does not apply to state and local governments unless explicitly enacted by state legislatures. SB36 is Georgia’s response to that decision.
Supporters, including the bill’s sponsor, Sen. Ed Setzler (R-Acworth), argue the bill protects religious minorities from government overreach. According to Baptist Press, which has reported on the legislation, faith-based advocacy groups have backed the measure as a safeguard against infringements on religious practice.
Opponents of similar bills in other states have raised concerns that such measures could be used to justify discrimination, especially against LGBTQ+ individuals. SB36 does not include specific exemptions or clarifying language related to civil rights or anti-discrimination statutes.
Governor Kemp has not yet indicated whether he will sign the bill. If he does, it will become law immediately upon his signature. According to the bill text, the act would take effect upon approval or if it becomes law without gubernatorial action.