Georgia 2025-2026 Regular Session

Georgia Senate Bill SB36 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 44 2920ER
2	2		Senate Bill 36
3	3		By: Senators Setzler of the 37th, Brass of the 6th, Anavitarte of the 31st, Williams of the
4	4		25th, Hickman of the 4th and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,
9	9		1
10	10		so as to provide for the preservation of religious freedom; to provide for the granting of2
11	11		relief; to provide for definitions; to provide for construction; to provide for statutory3
12	12		interpretation; to provide for a short title; to provide for legislative findings and4
13	13		determinations; to provide for an effective date; to repeal conflicting laws; and for other5
14	14		purposes.6
15	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
16	16		SECTION 1.8
17	17		This Act shall be known and may be cited as the "Georgia Religious Freedom Restoration9
18	18		Act."10
19	19		SECTION 2.11
20	20		The General Assembly finds and determines that:12
21	21		(1) Whereas the framers of the United States Constitution and the people of this state,13
22	22		recognizing free exercise of religion as an inalienable right, secured its protection in the14
23	23		S. B. 36
24	24		- 1 - 25 LC 44 2920ER
25	25		First Amendment to the United States Constitution and in Paragraphs III and IV of
26	26		15
27	27		Section I, Article I of the Constitution of this state, respectively;16
28	28		(2) Whereas in City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme17
29	29		Court held that the compelling interest test provided for in the federal Religious Freedom18
30	30		Restoration Act, to protect the inalienable constitutional right of free exercise of religion,19
31	31		must be adopted by a state through legislative act or court decision in order to apply to20
32	32		state or local government action; and21
33	33		(3) The General Assembly has determined that the following legislative act adopts the22
34	34		same compelling interest test provided for in the federal Religious Freedom Restoration23
35	35		Act in a manner that applies it to the actions of state and local governments in Georgia.24
36	36		SECTION 3.25
37	37		Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended26
38	38		by adding a new chapter to read as follows:27
39	39		"CHAPTER 15A
40	40		28
41	41		50-15A-1.29
42	42		(a) Government shall not substantially burden a person's exercise of religion even if the30
43	43		burden results from a rule of general applicability, except as provided in subsection (b) of31
44	44		this Code section.32
45	45		(b) Government may substantially burden a person's exercise of religion only if it33
46	46		demonstrates that application of the burden to the person is:34
47	47		(1) In furtherance of a compelling governmental interest; and35
48	48		(2) The least restrictive means of furthering such compelling governmental interest.36
49	49		S. B. 36
50	50		- 2 - 25 LC 44 2920ER
51	51		(c) A person whose religious exercise has been burdened in violation of this chapter may37
52	52		assert the violation as a claim or defense in a judicial proceeding and obtain appropriate38
53	53		relief against government.39
54	54		50-15A-2.40
55	55		As used in this chapter, the term:41
56	56		(1) 'Demonstrates' means meets the burden of going forward with the evidence and of42
57	57		persuasion.43
58	58		(2) 'Exercise of religion' means any exercise of religion, whether or not compelled by,44
59	59		or central to, a system of religious belief, including, but not limited to, the practice or45
60	60		observance of religion under Paragraphs III and IV of Section I, Article I of the46
61	61		Constitution of this state or the Free Exercise Clause of the First Amendment to the47
62	62		Constitution of the United States.48
63	63		(3) 'Government' includes any branch, department, agency, instrumentality, and official49
64	64		or other person acting under color of law of this state, or any political subdivision of this50
65	65		state as defined in Code Section 50-15-1.51
66	66		50-15A-3.52
67	67		In any action or proceeding to enforce a provision of this chapter, the court or tribunal may53
68	68		allow the prevailing party, other than government, a reasonable attorney fee as part of54
69	69		costs; provided, however, that, in any action brought against a judicial officer for an act or55
70	70		omission taken in such officer's judicial capacity, such officer shall not be held liable for56
71	71		any costs, including attorney's fees, unless such action was clearly in excess of such57
72	72		officer's jurisdiction.58
73	73		S. B. 36
74	74		- 3 - 25 LC 44 2920ER
75	75		50-15A-4.59
76	76		Nothing in this chapter shall be construed to affect, interpret, or in any way address that60
77	77		portion of the First Amendment of the Constitution of the United States prohibiting laws61
78	78		respecting the establishment of religion, referred to in this Code section as the62
79	79		"Establishment Clause." Granting government funding, benefits, or exemptions, to the63
80	80		extent permissible under the Establishment Clause, shall not constitute a violation of this64
81	81		chapter. As used in this Code section, the term "granting," used with respect to government65
82	82		funding, benefits, or exemptions, does not include the denial of government funding,66
83	83		benefits, or exemptions."67
84	84		SECTION 4.68
85	85		This Act shall become effective upon its approval by the Governor or upon its becoming law69
86	86		without such approval.70
87	87		SECTION 5.71
88	88		All laws and parts of laws in conflict with this Act are repealed.72
89	89		S. B. 36
90	90		- 4 -