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LC 41 1634

Senate Bill 221
By: Senators Harbin of the 16th, Heath of the 31st, Ligon, Jr. of the 3rd, Thompson of the
14th, Kirk of the 13th and others

A BILL TO BE ENTITLED
AN ACT

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To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,

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so as to provide for the protection of religious freedom; to provide for the granting of relief;

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to provide for applicability; to provide for definitions; to provide for waiver of sovereign

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immunity under certain circumstances; to provide for construction; to provide a short title;

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to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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This Act shall be known and may be cited as "The Religious Freedom Restoration Act."

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SECTION 2.

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Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended

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by adding a new chapter to read as follows:
"CHAPTER 15A

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50-15A-1.

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(a) The General Assembly finds and determines that:

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(1) The framers of the United States Constitution and the people of this state, recognizing

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free exercise of religion as an inalienable right, secured its protection in the First

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Amendment to the United States Constitution and in Article I, Section I, Paragraphs III

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and IV of the Constitution of this state, respectively;

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(2) Laws neutral toward religion may burden religious exercise as surely as laws

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intended to interfere with religious exercise;

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(3) Governments should not substantially burden religious exercise without compelling

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justification;

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(4) The compelling interest test as set forth in court rulings is a workable test for striking

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sensible balances between religious liberty and competing prior governmental interests;

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(5) In City of Boerne v. Flores, 521 U.S. 507 (1997), the Supreme Court held that the

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compelling interest test provided for in the federal Religious Freedom Restoration Act

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must be adopted by a state through legislative act or court decision in order to apply to

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state or local government action; and

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(6) Courts have consistently held that government has a fundamental, overriding interest

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in eradicating discrimination.

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(b) The purpose of this chapter is:

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(1) To provide for the compelling interest test in striking sensible balances between

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religious liberty and competing prior governmental interests and to guarantee its

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application in all cases where free exercise of religion is substantially burdened; and

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(2) To provide a claim or defense for persons whose religious exercise is substantially

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burdened by government.

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50-15A-2.

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As used in this chapter, the term:

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(1) 'Demonstrates' means meets the burdens of going forward with the evidence and of

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persuasion.

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(2) 'Exercise of religion' means the exercise of those rights protected by Article I, Section

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I, Paragraphs III and IV of the Constitution of this state.

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(3) 'Government' means a branch of government, department, agency, instrumentality,

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or official of the State of Georgia or of any political subdivision or local government

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authority.

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50-15A-3.

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(a) Government shall not substantially burden a person's exercise of religion even if the

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burden results from a law, rule, regulation, ordinance, or resolution of general applicability,

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except as provided in subsection (b) of this Code section.

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(b) Government may substantially burden a person's exercise of religion only if it

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demonstrates that application of the burden to the person is:

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(1) In furtherance of a compelling governmental interest; and

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(2) The least restrictive means of furthering that compelling governmental interest.

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(c) A person whose religious exercise has been burdened in violation of this Code section

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may assert that violation as a claim or defense in a judicial proceeding and obtain

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appropriate relief against a government. Standing to assert a claim or defense under this

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Code section shall be governed by the general rules of standing under the Constitution and

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laws of this state.

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(d) The prevailing party, other than the state, may be entitled, in the discretion of the court,

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to costs and reasonable attorney fees from the nonprevailing party; provided, however, that

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in any action brought against a judicial officer for an act or omission taken in such officer's

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judicial capacity, such officer shall not be liable for any costs or attorney fees unless the

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court hearing the claim or defense for relief under this chapter finds such act or omission

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to be in excess of his or her jurisdiction.

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50-15A-4.

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Nothing in this chapter shall be construed to limit Article I, Section I, Paragraph IV of the

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Constitution of this state.

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50-15A-5.

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(a) This chapter shall apply to all laws, rules, regulations, ordinances, or resolutions of

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government, and the implementation of the same, whether enacted or adopted before or

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after July 1, 2019.

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(b) Any general law enacted after July 1, 2019, shall be subject to this chapter unless such

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general law explicitly excludes such application by reference to this chapter.

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(c) Nothing in this chapter shall be construed to authorize any government to burden any

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religious belief."

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SECTION 3.

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Said title is further amended in Article 2 of Chapter 21, relating to state tort claims, by

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adding a new Code section to read as follows:

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"50-21-38.

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The defense of sovereign immunity is waived as to any claim, counterclaim, cross-claim,

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or third-party claim brought in the courts of this state by an aggrieved person seeking a

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declaratory judgment, injunctive relief, or reasonable attorney fees against the state or any

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political subdivision thereof under Chapter 15A of this title; provided, however, that

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sovereign immunity is not waived as to any claim for monetary damages or expenses of

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litigation that are included in or related to such claim, counterclaim, cross-claim, or

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third-party claim. This Code section shall not be construed to alter or amend any other

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waiver of sovereign immunity provided by law."

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SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
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