--- title: SB 36. "Georgia Religious Freedom Restoration Act"; enact collection: bills id: 2025-2026/sb36 cite_as: SB 36, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb36 md_url: https://georgiacommons.org/bills/2025-2026/sb36.md text_url: https://georgiacommons.org/bills/2025-2026/sb36/text source_url: https://www.legis.ga.gov/legislation/69556 date: 2025-04-04 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb35.md next: https://georgiacommons.org/bills/2025-2026/sb37.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 951 omitted_url: https://georgiacommons.org/bills/2025-2026/sb36.md?full=1 bill_number: SB 36 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-04-04 last_action: Effective Date 2025-04-04 sponsors: - Ed Setzler - Matt Brass - Jason Anavitarte - Ricky Williams - Billy Hickman - Clint Dixon - Steve Gooch - John Albers - Drew Echols - Randy Robertson - Lee Anderson - Timothy Bearden - Max Burns - Marty Harbin - Carden Summers - Blake Tillery - Shawn Still - Greg Dolezal - Kay Kirkpatrick - Larry Walker - Frank Ginn - John Kennedy - Bo Hatchett - Chuck Hufstetler - Colton Moore - Mike Hodges - Ben Watson - Sam Watson - Brandon Beach - Bill Cowsert - Brian Strickland - Russ Goodman - Tyler Smith text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB36/2025 upstream_id: 1943162 summaries_model: claude-sonnet-5 topic_tags: - religious freedom - state government law - civil rights litigation - Georgia legislation --- # SB 36. "Georgia Religious Freedom Restoration Act"; enact ## Text 25 LC 44 2920ER Senate Bill 36 By: Senators Setzler of the 37th, Brass of the 6th, Anavitarte of the 31st, Williams of the 25th, Hickman of the 4th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,1 so as to provide for the preservation of religious freedom; to provide for the granting of2 relief; to provide for definitions; to provide for construction ; to provide for statutory3 interpretation; to provide for a short title; to provide for le gislative findings and4 determinations; to provide for an effective date; to repeal con flicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Georgia Religious Freedom Restoration9 Act."10 SECTION 2.11 The General Assembly finds and determines that:12 (1) Whereas the framers of the United States Constitution and the people of this state,13 recognizing free exercise of religion as an inalienable right, secured its protection in the14 S. B. 36 - 1 - 25 LC 44 2920ER First Amendment to the United States Constitution and in Paragr aphs III and IV of15 Section I, Article I of the Constitution of this state, respectively;16 (2) Whereas in City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme17 Court held that the compelling interest test provided for in the federal Religious Freedom18 Restoration Act, to protect the inalienable constitutional right of free exercise of religion,19 must be adopted by a state through legislative act or court decision in order to apply to20 state or local government action; and21 (3) The General Assembly has determined that the following legislative act adopts the22 same compelling interest test provided for in the federal Religious Freedom Restoration23 Act in a manner that applies it to the actions of state and local governments in Georgia.24 SECTION 3.25 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended26 by adding a new chapter to read as follows:27 "CHAPTER 15A28 50-15A-1.29 (a) Government shall not substantially burden a person's exercise of religion even if the30 burden results from a rule of general applicability, except as provided in subsection (b) of31 this Code section.32 (b) Government may substantially burden a person's exercise of religion only if it33 demonstrates that application of the burden to the person is:34 (1) In furtherance of a compelling governmental interest; and35 (2) The least restrictive means of furthering such compelling governmental interest.36 S. B. 36 - 2 - 25 LC 44 2920ER (c) A person whose religious exercise has been burdened in violation of this chapter may37 assert the violation as a claim or defense in a judicial procee ding and obtain appropriate38 relief against government.39 50-15A-2.40 As used in this chapter, the term:41 (1) 'Demonstrates' means meets the burden of going forward with the evidence and of42 persuasion.43 (2) 'Exercise of religion' means any exercise of religion, whether or not compelled by,44 or central to, a system of religious belief, including, but not limited to, the practice or45 observance of religion under Paragraphs III and IV of Section I , Article I of the46 Constitution of this state or the Free Exercise Clause of the F irst Amendment to the47 Constitution of the United States.48 (3) 'Government' includes any branch, department, agency, instrumentality, and official49 or other person acting under color of law of this state, or any political subdivision of this50 state as defined in Code Section 50-15-1.51 50-15A-3.52 In any action or proceeding to enforce a provision of this chapter, the court or tribunal may53 allow the prevailing party, other than government, a reasonable attorney fee as part of54 costs; provided, however, that, in any action brought against a judicial officer for an act or55 omission taken in such officer's judicial capacity, such officer shall not be held liable for56 any costs, including attorney's fees, unless such action was cl early in excess of such57 officer's jurisdiction.58 S. B. 36 - 3 - 25 LC 44 2920ER 50-15A-4.59 Nothing in this chapter shall be construed to affect, interpret , or in any way address that60 portion of the First Amendment of the Constitution of the United States prohibiting laws61 respecting the establishment of religion, referred to in this C ode section as the62 "Establishment Clause." Granting government funding, benefits, or exemptions, to the63 extent permissible under the Establishment Clause, shall not constitute a violation of this64 chapter. As used in this Code section, the term "granting," used with respect to government65 funding, benefits, or exemptions, does not include the denial o f government funding,66 benefits, or exemptions."67 SECTION 4.68 This Act shall become effective upon its approval by the Governor or upon its becoming law69 without such approval.70 SECTION 5.71 All laws and parts of laws in conflict with this Act are repealed.72 S. B. 36 - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 36 would create the Georgia Religious Freedom Restoration Act, limiting when state and local governments can burden a person's religious practice, even through generally applicable rules. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Passed (2025-04-04) - Last action: Effective Date 2025-04-04 (2025-04-04) - Sponsors: Ed Setzler, Matt Brass, Jason Anavitarte, Ricky Williams, Billy Hickman, Clint Dixon, Steve Gooch, John Albers, Drew Echols, Randy Robertson, Lee Anderson, Timothy Bearden, Max Burns, Marty Harbin, Carden Summers, Blake Tillery, Shawn Still, Greg Dolezal, Kay Kirkpatrick, Larry Walker, Frank Ginn, John Kennedy, Bo Hatchett, Chuck Hufstetler, Colton Moore, Mike Hodges, Ben Watson, Sam Watson, Brandon Beach, Bill Cowsert, Brian Strickland, Russ Goodman, Tyler Smith - Official page: https://www.legis.ga.gov/legislation/69556 > The history, votes, and amendments (951 characters) are at https://georgiacommons.org/bills/2025-2026/sb36.md?full=1