The Georgia bill would prohibit state government from infringing on a person’s religious beliefs unless the government can prove it has a compelling interest.
Sponsor state Sen. Josh McKoon (R-Columbus, Ga.), called that a “bright line” and said it is closely modeled on a national religious freedom law passed in 1993.
The proposal’s fate in the House is uncertain; a similar bill remains in a committee in the chamber.
The Georgia legislation has sparked protests in the Capitol rotunda and pitted clergy members against one another.
Former Republican Attorney General Mike Bowers, who years ago defended the state’s anti-sodomy law, recently came out against the bill. He called it “deserving of a quick death.” It was also denounced by national gay-rights groups.
“It does not address any legitimate problem with current law and creates harmful consequences for businesses throughout the state,” said Marty Rouse, field director for the Human Rights Campaign.
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State Sen. Elena Parent, an Atlanta Democrat who voted against the bill, suggested that’s the motivation for the number of bills filed in recent years. She said the U.S. Constitution already provides protection for religious people.
“We have to ensure in our capacity as lawmakers that the pendulum doesn’t swing too far the other way in the name of religion,” Parent said.
Senate Majority Leader Bill Cowsert is a Republican whose attempt to attach a nondiscrimination amendment to the bill in committee stalled its path to the floor vote. He said Thursday he was instead satisfied with language added specifying the state has an interest in eradicating discrimination.
“This is not a vehicle for discrimination,” Cowsert said, later describing the issue as “one of those fascinating areas where you have competing constitutional rights.”
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The North Carolina Senate recently approved a bill that would allow judicial officials to opt out of duties related to same-sex marriage if they object due to religious beliefs.
And an Alabama legislative committee on Thursday approved a bill seeking legal protections for judges, ministers and others who refuse to officiate at, or recognize, weddings that violate their religious beliefs.