This bill passed the GA House and Senate and has now been vetoed by the Governor.
It was reported that Disney, Coke, Time Warner, the NFL, the Chamber of
Commerce and others told the Governor to veto the Bill. Legislators are considering
an override of the veto. The forwarded email from Senator Bruce Thompson puts
it into bullet points and the link here will take you to the entire bill.
The bottom line is, in typical fashion the Left has pressured
companies to say they will not do business in Georgia if this is passed. But there is a Federal version of it in every
state and more than half the states have passed such a bill so there is really
nowhere for them to go that does not have some version of this bill. The bill # is HB 757, and it is now called the Free Exercise
Protection Act. The bill is now posted on the legislative website.
This legislation respects our pastors, faith based organizations
and persons who want to freely express their faith. We balance this against the
equal rights of all. We do not seek to discriminate, we only seek to respect
the constitutional rights of all Georgians. If more in depth
information is required, please stay within the following talking points
provided by the House of Representatives: Free Exercise Protection Act Talking Points.
Comprehensive measure, based on the Pastor Protection Act that
protects the religious liberties of clergy, churches and faith-based
organizations as well as individual citizens by incorporating elements of
several religious bills.
Strikes a balance between protecting rights under the First
Amendment while at the same time welcoming all to Georgia without fear of
discrimination. Carefully drafted, narrowly-focused measure with clear anti-discriminatory
language that does not impact commercial transactions and will keep Georgia the
#1 state in the nation for business. Product of thorough and inclusive discussions
between the Speaker’s Office, House, Senate, Governor’s Office, Lt.Governor’s Office, business community and many interested parties.
Bill Summary - Section 1 The title of the bill is the “Free
Exercise Protection Act.” Section 2 - Pastor Protection*
All ministers, pastors, and religious practitioners are free to
solemnize marriages, perform rites and administer sacraments or to *decline* to
do so, in their discretion, according to their right of free exercise of religion.
A refusal to perform a marriage ceremony *will not result* in any
civil penalties, civil actions against the pastor, or any adverse tax consequences
under state law such as the levying of a tax penalty or the revocation of a tax
exemption /deduction.
All individuals are free to attend or not attend any religious
ceremony per their right to free exercise of religion.
Individuals may enforce these rights by bringing a civil action,
asserting a defense, obtaining a declaratory judgment, or obtaining injunctive
relief in court and may be awarded reasonable attorney’s fees and court costs.
To
assert this claim or defense in court, the individual must first
give the government notice in writing of such violation at least 30 days prior
to filing such action.
Section 3 - Day of Rest provision*
No business or industry shall be required by ordinance or
resolution of any local government to operate on a day of rest - such as
Saturday or Sunday.
Section 4 - Protecting Faith Based Organizations – Property,
Services
Faith Based Organizations are not required to rent, lease or
otherwise grant permission for property to be used by another for an event
which is objectionable to such faith based organization.
No faith based organization is required to provide social,
educational, or charitable services that violate its sincerely held religious
beliefs, except by the terms of contract voluntarily entered into by such faith
based organizations.
A refusal by a faith based organization to rent or lease property
to another, or a refusal to provide social, educational, or charitable services
that violates its sincerely held religious beliefs, shall not result in any
civic penalties, civil actions against the organization, or any adverse tax
consequences under state law such as levying of a tax
penalty or the revocation of a tax exemption/deduction.
A faith based organization may enforce these rights by bringing
civil action, asserting a defense, obtaining a declaratory judgment, or
obtaining injunctive relief in court and may be awarded reasonable attorney’s
fees and court costs. To assert this claim or defense in court, the individual
must first give the government notice in writing of such violation
at least 30 days prior to filing such action.
Section 5 - Protecting Faith Based Organizations – Employment
Decisions
Faith Based Organizations are not required to hire or retain any
person whose religious beliefs or practices, or lack of either, are not in
accord with those of the faith based organization. Refusal to hire or retain
such an employee will not result in any civil penalties, civil actions against the
organization, or any adverse tax consequences under the state law such as
levying of a tax penalty or revocation of a tax exemption/deduction.
A faith based organization may enforce these rights by bringing
civil action, asserting a defense, obtaining a declaratory judgment, or
obtaining injunctive relief in court and may be awarded reasonable attorney’s
fees and court costs. To assert this claim or defense in court, the individual must first give the government notice in writing of such violation
at least 30 days prior to filing such action.
Section 6 RFRA
Government shall not substantially burden a person’s exercise of
religion, even if the burden results from a law, rule, regulation, ordinance,
or resolution of general applicability, unless it demonstrates that application
of that burden is: 1. In furtherance of a compelling governmental interest; and
2. The least restrictive means of furthering that compelling governmental
interest.
A person whose exercise of religion has been burdened may assert
that violation as a claim or defense in court and obtain declaratory judgment
or injunctive relief, along with attorney’s fees and costs. To assert this claim
or defense in court, the individual must first give the government notice in
writing of such violation at least 30 days prior to filing such
action. This provision shall be construed to be consistent with the Constitution
of the State of Georgia. This shall not be construed to permit invidious discrimination on
grounds prohibited by federal or state law, nor shall it create any rights by
an employee against an employer, if such employer is not government. In addition,
this will not afford any protection or relief to a public officer or employee
who fails or refuses to perform his or her official duties, provided that this
does not prohibit such person from holding any public office or trust on
account of his/her religious opinions.
Section 7 Waiving
Sovereign Immunity
Sovereign Immunity is waived to the extent to enforce these rights
and protections, which includes an award of declaratory judgment, injunctive relief
or reasonable attorney’s fees and costs.
The
latest version of the Bill is below:
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