SB375: SB375 State Government; consider the definition of hinduphobia provided for in this Act to apply to laws and regulations; require certain agencies

This bill adds a new section to Georgia law (O.C.G.A. § 50-1-12.1) defining 'hinduphobia' as antagonistic, destructive, and derogatory attitudes and behaviors toward Hinduism. It requires any state or local government agency that enforces criminal or noncriminal anti-discrimination laws based on race, color, religion, or national origin to consider this definition while enforcing those laws. The bill also directs the state to consider the hinduphobia definition when deciding whether to seek Georgia's hate crime penalty enhancement (O.C.G.A. § 17-10-17) in a criminal case. It includes several limits: nothing in the section overrides First Amendment or Georgia constitutional rights, foreign policy speech, or existing discrimination laws, and it does not create any new right to sue the state. If any part of the Act is found unconstitutional, the entire Act is automatically repealed. It would take effect immediately upon the Governor's signature or becoming law without signature.

• Adds a new Code section defining 'hinduphobia' as antagonistic, destructive, and derogatory attitudes and behaviors toward Hinduism, to be used by government agencies.
• Requires any agency enforcing discrimination laws based on race, color, religion, or national origin to consider this hinduphobia definition during enforcement.
• Directs the state to weigh the hinduphobia definition when deciding whether to pursue Georgia's hate crime sentencing enhancement (O.C.G.A. § 17-10-17) in a case.
• Clarifies the new provision cannot override First Amendment rights, foreign policy speech, or existing discrimination laws, and creates no new right to sue the state or an agency.
• Makes the entire Act nonseverable, meaning if any part is ruled unconstitutional, the whole Act is automatically repealed.
• Sets the effective date as immediately upon the Governor's signature or upon becoming law without signature.

State and local government agencies that enforce anti-discrimination laws, prosecutors and courts handling hate crime penalty decisions under Georgia's hate crime law, and members of the Hindu community whose treatment under discrimination and hate crime laws could be assessed using this new definition.

Agencies investigating discrimination complaints and prosecutors deciding whether to seek harsher hate crime sentences would have to factor in a specific definition of anti-Hindu bias, which could shape how such cases are evaluated and charged, though the bill limits it from creating new lawsuits or overriding constitutional rights.

• Section 1 creates new Code Section 50-1-12.1 defining 'agency' broadly to include state and local government bodies and defining 'hinduphobia.'
• Subsection (b) requires agencies enforcing discrimination laws based on race, color, religion, or national origin to consider the hinduphobia definition.
• Subsection (c) requires the state to consider the hinduphobia definition when deciding whether to seek the penalty enhancement under O.C.G.A. § 17-10-17.
• Subsections (d) through (g) limit the section's effect, protecting First Amendment rights, foreign policy speech, existing discrimination law, and agency authority, and barring new private lawsuits.
• Section 2 makes the Act nonseverable, automatically repealing the whole Act if any part is found unconstitutional.
• Section 3 sets the effective date as upon the Governor's approval or upon becoming law without approval.

1. 2025-04-04Senate Read and Referred (Senate)
2. 2025-04-04Senate Hopper (Senate)

• Shawn Still (R, SD-048)Primary sponsor
• Emanuel Jones (D, SD-010)
• Clint Dixon (R, SD-045)

• hate crimes
• religious discrimination
• Hindu community
• state agency enforcement
• civil rights law