SB 375: State Government; consider the definition of hinduphobia provided for in this Act to apply to laws and regulations; require certain agencies

Georgia law currently prohibits discrimination based on race, color, religion, or national origin, and allows enhanced penalties for hate crimes under O.C.G.A. § 17-10-17. This bill adds a new section to the state government code (O.C.G.A. § 50-1-12.1) that defines "hinduphobia" as a set of antagonistic, destructive, and derogatory attitudes and behaviors toward Hinduism. Any state or local agency that enforces criminal or noncriminal discrimination laws would have to consider this definition when carrying out that enforcement. Prosecutors deciding whether to seek hate crime penalty enhancements would also consider it. The bill includes limits stating it does not override First Amendment rights, does not create new legal claims against the state, and does not change evidentiary standards for discrimination cases. The bill is nonseverable, meaning if any part is struck down as unconstitutional, the whole law is automatically repealed. It would take effect immediately upon the Governor's signature or becoming law without signature.

• Adds a new Georgia Code section defining "hinduphobia" as antagonistic, destructive, and derogatory attitudes and behaviors toward Hinduism.
• Requires state and local agencies enforcing discrimination laws based on race, color, religion, or national origin to consider this definition during enforcement.
• Directs the state to consider the hinduphobia definition when deciding whether to seek hate crime sentence enhancements under O.C.G.A. § 17-10-17.
• Clarifies the law does not limit First Amendment rights, protected speech on foreign policy, or existing discrimination law standards.
• States the law creates no new right, benefit, or lawsuit that a person could bring against the state or any agency.
• Makes the entire Act automatically repealed if any part of it is ruled unconstitutional (a nonseverability clause).

State and local government agencies that enforce anti-discrimination laws, prosecutors weighing hate crime penalty enhancements, and members of Georgia's Hindu community whose experiences with discrimination or bias-motivated crimes could be evaluated under this definition.

Agencies investigating discrimination complaints or prosecutors considering hate crime penalties would need to factor in a specific definition of anti-Hindu bias, potentially affecting how such cases are evaluated, while the bill's limits mean it does not create new legal claims or override free speech protections.

• Section 1 creates new Code Section 50-1-12.1, defining "agency" broadly to include all state agencies and local political subdivisions.
• Subsection (b) requires any agency enforcing discrimination laws based on race, color, religion, or national origin to consider the hinduphobia definition.
• Subsection (c) applies the definition to decisions on seeking hate crime penalty enhancements under O.C.G.A. § 17-10-17.
• Subsection (d) protects First Amendment rights and conduct related to U.S. foreign policy or international affairs from being restricted by this section.
• Subsection (g) states the section creates no new enforceable right, benefit, or cause of action against the state or any agency.
• Section 2 makes the Act nonseverable, automatically repealing the whole law if any part is found unconstitutional.
• Section 3 sets the effective date as upon the Governor's approval or the law taking effect without signature.

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

• Shawn Still (R, SD-48)Primary sponsor
• Emanuel Jones (D, SD-10)
• Clint Dixon (R, SD-45)

• hate crime law
• religious discrimination
• Hindu community
• state government agencies
• anti-discrimination enforcement