Religious freedom bill headed to Gov. Kemp

Published 10:12 am Thursday, April 3, 2025

ATLANTA – The General Assembly has given final passage to controversial religious freedom legislation limiting government intrusion into Georgians’ rights to exercise their religious beliefs.

The Religious Freedom Restoration Act (RFRA) passed the Republican-controlled state House of Representatives 96-70 Wednesday night mostly along party lines. The measure, which originated in the Senate – sponsored by Sen. Ed Setzler, R-Acworth – cleared that chamber last month strictly along party lines.

The bill closely mirrors a federal RFRA Congress passed in 1993, said Rep. Tyler Paul Smith, R-Bremen, who presented the bill on the House floor. It became necessary when the U.S. Supreme Court ruled in 1997 that the law only applied to the federal government, he said.

Since then, 39 states have adopted RFRA laws that apply to their states as well as local governments, he said.

Smith said Senate Bill 36 is only meant to apply to actions by the government, not those of individual Georgians.

“This is not a license for private citizens to discriminate against private citizens,” he said.

But House Democrats argued the bill is just that: a license to discriminate against marginalized groups including non-Christians and LGBTQ Georgians. Attempts by Democrats to amend the bill in committee to add an anti-discrimination provision were shot down.

“Implementing a state-level RFRA without accompanying civil rights protections positions us to upset the delicate balance between safeguarding religious liberty and preventing discrimination,” said Rep. Inga Willis, D-Atlanta.

Legislative Republicans have led unsuccessful efforts to pass RFRA during past sessions. The closest they came was in 2016 when the General Assembly passed the bill only to have then-Republican Gov. Nathan Deal veto it.

Business groups campaigned actively against RFRA that year, warning the state would lose convention and tourist business if the law went into effect.

Rep. Stacey Evans, D-Atlanta, said other states that have passed RFRA laws have suffered the consequences.

“They have lost business. They have lost tourism. They have lost big games we all like to go to,” she said. “They have lost talent because young people don’t like this stuff.”

But Rep. Trey Kelley, R-Cedartown, said the legislation treats religious freedom the same as other rights enumerated in the Constitution, including the rights to free speech, a free press, and the rights to assembly and to petition the government.

“What this measure simply looks to do is codify the same balancing tests for our exercise of religious freedom that the other four First Amendment rights have,” he said.

Gov. Brian Kemp released a statement following Wednesday night’s vote indicating he will sign the bill.

“I have always maintained that I would support and sign a version of RFRA which mirrors the language and protections provided by federal law since 1993,” he said.

“My commitment to that promise and to the deeply held beliefs of Georgians of faith remains unwavering. I also want to assure those of different views that Georgia remains a welcoming place to live, work, and raise a family.”