SB 36: "Georgia Religious Freedom Restoration Act"; enact

Currently, Georgia has no state law setting a strict standard for when government can limit someone's religious practice; only First Amendment case law and the state constitution apply. This bill 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 lets someone whose religious exercise is burdened raise that violation as a claim or defense in court and seek relief. It defines terms like "exercise of religion" and "government," and allows courts to award attorney's fees to a winning party other than the government, with limited protection for judges acting in their judicial role. It also clarifies the law does not affect the First Amendment's Establishment Clause. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Bars Georgia state and local governments from substantially burdening a person's religious exercise unless they prove a compelling interest and use the least restrictive method available.
• Creates a new legal claim or defense that a person can raise in court if their religious exercise is substantially burdened by government action.
• Allows courts to award reasonable attorney's fees to a person who wins such a case against the government, but shields judges from liability for jurisdictional acts.
• Defines key terms including 'exercise of religion' and 'government,' covering state agencies, officials, and political subdivisions.
• Clarifies that the new chapter does not affect the First Amendment's Establishment Clause and that granting (but not denying) government funding or exemptions consistent with that clause is not a violation.

Georgia state agencies, local governments, and public officials, who must justify any rule that substantially burdens religious practice; individuals and religious organizations, who gain a new legal tool to challenge such burdens in court; and judges, who receive limited liability protection when acting in their judicial capacity.

People who believe a Georgia law or government action improperly restricts their religious practice would gain a specific legal standard and a path to sue or defend themselves in court. Government agencies would need to justify such restrictions with a compelling interest and the least restrictive approach available.

• Section 1 names the law the 'Georgia Religious Freedom Restoration Act.'
• Section 2 lays out legislative findings referencing City of Boerne v. Flores, explaining why Georgia is adopting its own compelling interest test.
• Section 3 adds new Code Section 50-15A-1, setting the compelling interest and least restrictive means test governments must meet to burden religious exercise.
• Section 3 adds Code Section 50-15A-2, defining 'demonstrates,' 'exercise of religion,' and 'government' for purposes of the chapter.
• Section 3 adds Code Section 50-15A-3, allowing prevailing parties other than government to recover attorney's fees, with limited liability for judicial officers.
• Section 3 adds Code Section 50-15A-4, stating the chapter does not address the Establishment Clause and that granting (not denying) funding or exemptions consistent with it is not a violation.
• Section 4 sets the effective date as the date the Governor signs the bill or it otherwise becomes law.
• Section 5 repeals any conflicting laws.

1. 2025-04-04Effective Date
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-37)Primary sponsor
• Matt Brass (R, SD-6)
• Jason Anavitarte (R, SD-31)
• Rick Williams (R, SD-25)
• Billy Hickman (R, SD-4)
• Clint Dixon (R, SD-45)
• Steve Gooch (R, SD-51)
• John Albers (R, SD-56)
• Drew Echols (R, SD-49)
• Randy Robertson (R, SD-29)
• Lee Anderson (R, SD-24)
• Timothy Bearden (R, SD-30)
• Max Burns (R, SD-23)
• Marty Harbin (R, SD-16)
• Carden Summers (R, SD-13)
• Blake Tillery (R, SD-19)
• Shawn Still (R, SD-48)
• Greg Dolezal (R, SD-27)
• Kay Kirkpatrick (R, SD-32)
• Larry Walker, III (R, SD-20)
• Frank Ginn (R, SD-47)
• John F. Kennedy (R, SD-18)
• Bo Hatchett (R, SD-50)
• Chuck Hufstetler (R, SD-52)
• Colton Moore (R, SD-53)
• Mike Hodges (R, SD-3)
• Ben Watson (R, SD-1)
• Sam Watson (R, SD-11)
• Brandon Beach (R, SD-21)
• Bill Cowsert (R, SD-46)
• Brian Strickland (R, SD-42)
• Russ Goodman (R, SD-8)
• Tyler Paul Smith (R, HD-18)

1. PassedSenate voteMarch 4, 2025

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

   PASSAGE: Senate Vote #142

2. PassedHouse voteApril 2, 2025

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

   PASSAGE: House Vote #401

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