SB36: SB36 "Georgia Religious Freedom Restoration Act"; enact

Currently, Georgia has no state law spelling out a strict legal test for when government actions can interfere with someone's religious practice. Senate Bill 36 adds a new chapter to Title 50 of the Official Code of Georgia Annotated that says government cannot substantially burden a person's exercise of religion, even through a rule that applies to everyone, unless it proves the burden serves a compelling governmental interest and is the least restrictive way to achieve that interest. The bill defines key terms like 'exercise of religion' and 'government,' the latter covering state and local agencies, officials, and other people acting under state authority. It lets a person raise a violation as a claim or defense in court and seek relief, and allows courts to award attorney's fees to a person who wins, while shielding judges from personal liability except in cases clearly beyond their jurisdiction. It also clarifies the law does not affect the Establishment Clause. The law would take effect as soon as the Governor signs it or it becomes law without his signature.

• Bars Georgia state and local governments from substantially burdening a person's exercise of religion unless the government proves a compelling interest and uses the least restrictive means, even for rules that apply to everyone.
• Creates a new legal claim or defense that a person can raise in court if the government has violated this rule, allowing the court to grant appropriate relief.
• Allows courts to award reasonable attorney's fees to a person (not the government) who wins a case under this new law.
• Protects judges from being held personally liable for costs or fees for actions taken in their judicial role, unless they clearly exceeded their jurisdiction.
• Clarifies that the law does not change or interpret the First Amendment's Establishment Clause, and that granting (but not denying) government funding, benefits, or exemptions does not violate the new chapter.
• Sets the effective date as the day the Governor signs the bill or it otherwise becomes law without his signature.

The bill affects Georgia state and local government agencies, officials, and anyone acting under state authority, since they must justify any substantial burden on religious exercise. It also affects individuals or groups who practice religion and may now bring legal claims against government actions, as well as judges handling such cases.

If enacted, government agencies and officials in Georgia would face a tougher legal standard before enforcing rules that interfere with someone's religious practices, even neutral rules that apply broadly. People who believe a government action has burdened their religion could sue and potentially recover attorney's fees if they win.

• Section 1 names the law the 'Georgia Religious Freedom Restoration Act.'
• Section 2 lays out legislative findings referencing the U.S. Supreme Court's City of Boerne v. Flores decision, explaining why Georgia is adopting its own compelling interest test.
• Section 3 adds new Code Section 50-15A-1, prohibiting government from substantially burdening religious exercise unless it meets a compelling interest and least restrictive means test, and lets a person assert this as a claim or defense in court.
• Section 3 also adds Code Section 50-15A-2, defining 'demonstrates,' 'exercise of religion,' and 'government' for purposes of the new chapter.
• Section 3 adds Code Section 50-15A-3, allowing courts to award attorney's fees to a prevailing individual and limiting liability for judicial officers acting in their official capacity.
• Section 3 adds Code Section 50-15A-4, stating the chapter does not affect the Establishment Clause and that granting (not denying) government funding or benefits does not violate the chapter.
• Section 4 sets the effective date as the date of the Governor's approval or the date the bill becomes law without approval.
• Section 5 repeals any conflicting laws.

1. 2025-04-04Effective Date 2025-04-04
2. 2025-04-04Act 6
3. 2025-04-04Senate Date Signed by Governor (Senate)
4. 2025-04-03Senate Sent to Governor (Senate)
5. 2025-04-02House Passed/Adopted (House)
6. 2025-04-02House Third Readers (House)
7. 2025-03-27House Committee Favorably Reported (House)
8. 2025-03-10House Second Readers (House)

• Ed Setzler (R, SD-037)Primary sponsor
• Matt Brass (R, SD-006)
• Jason Anavitarte (R, SD-031)
• Ricky Williams (R, SD-025)
• Billy Hickman (R, SD-004)
• Clint Dixon (R, SD-045)
• Steve Gooch (R, SD-051)
• John Albers (R, SD-056)
• Drew Echols (R, SD-049)
• Randy Robertson (R, SD-029)
• Lee Anderson (R, SD-024)
• Timothy Bearden (R, SD-030)
• Max Burns (R, SD-023)
• Marty Harbin (R, SD-016)
• Carden Summers (R, SD-013)
• Blake Tillery (R, SD-019)
• Shawn Still (R, SD-048)
• Greg Dolezal (R, SD-027)
• Kay Kirkpatrick (R, SD-032)
• Larry Walker (R, SD-020)
• Frank Ginn (R, SD-047)
• John Kennedy (R, SD-018)
• Bo Hatchett (R, SD-050)
• Chuck Hufstetler (R, SD-052)
• Colton Moore (R, SD-053)
• Mike Hodges (R, SD-003)
• Ben Watson (R, SD-001)
• Sam Watson (R, SD-011)
• Brandon Beach (R, SD-021)
• Bill Cowsert (R, SD-046)
• Brian Strickland (R, SD-042)
• Russ Goodman (R, SD-008)
• Tyler Smith (R, HD-018)

1. PassedSenate voteMarch 4, 2025

   32 yea, 23 nay (0 not voting, 1 absent)

   Passage: Senate Vote #142

2. PassedHouse voteApril 2, 2025

   96 yea, 70 nay (2 not voting, 12 absent)

   Passage: House Vote #401

• religious freedom
• state government law
• civil rights litigation
• Georgia legislation