Defusing the 'religious liberty' fight, Part II

Dear Wendell, Barry, Stephen, Mike, Beth, Johnnie, Trey, Larry, Jay, Dale, Andy, Tom, Rich, and Joe:

Edward Lindsey, right, speaks during his GOP congressional campaign last year. John Amis/AJC

I am sure that this weekend you have gotten several loud demands that you vote one way or another on SB 129, and if you do not vote the way demanded, you are either a bigot, a RINO, or my personal favorite, a Judas. All of these charges either way are, of course, nonsense.

Besides, we worked together for too long for me to try that tactic. Whether you vote as I ask or not, we are still friends and share deep mutual respect. After all, this is just one bill and despite some claims to the contrary, the fate of the republic does not fall on what you do.

Now that I have made my disclaimers, I do ask you to pass out SB 129 with clear language recognizing that civil rights laws constitute a critical government function. In doing so, I ask that you remember the following:

1. The first civil rights measures in this country – the 13th, 14th, and 15th Amendments to the U.S. Constitution – were passed by Republicans;

2. The Civil Rights Act of 1964 was passed by Congress with a higher percentage of Republican support than Democratic;

3. During the Civil Rights Movement, Georgia was the governing control center for the movement and our Capital earned the reputation of being the “City too Busy to Hate.”

In short, the recognition of the critical importance of civil rights is engrained in our party and state’s DNA. We must not allow even the most well intentioned bill to blemish our proud history.

As you know, I testified before the House Judiciary Committee to neither sanctify nor vilify SB 129 but to offer suggested changes. You have adopted some of those and I appreciate it. I know that tomorrow you will be wrestling with whether and how to include anti-discrimination language. I believe you should and here is my suggested proposal:

(1) Except as provided in Subsection (2), this chapter does not establish or eliminate a defense to a civil action or criminal prosecution under a federal, state, or local civil rights laws or ordinances pertaining to education, employment, housing, or public accommodations.

(2) This chapter is fully applicable to claims regarding the employment, education, or volunteering of those who perform duties, such as spreading or teaching faith, performing devotional services, or internal governance, for a religious organization. For the purposes of this subsection, an organization is a religious organization if:

(A) The organization's primary purpose and function are religious, it is a religious school organized primarily for religious and educational purposes, or it is a religious charity organized primarily for religious and charitable purposes; and

(B) It does not engage in activities that would disqualify it from tax exempt status under Section 501(c)(3), Internal Revenue Code of 1986, as it existed on March 31, 2015.

This proposal does the following:

1. While it includes federal, state, and local civil rights laws and ordinances, it specifically limits application to traditional areas recognized under such laws -- education, employment, housing, or public accommodations. This should preclude a governmental entity from acting under the guise of civil rights to attempt to compel or prohibit some unrelated extraneous religious, civic, financial, or business activity ; and

2.Specifically protects religious institutions and faith-based non-profits from government intrusion.

Whether you accept this language or go in a different direction, it is important to our state and our people that we recognize that religious liberty and civil rights are not in opposition to each other. Both should be recognized in this bill for the vital role they play in our free society.

Good luck tomorrow and I look forward to seeing you soon,