Is religious freedom worth protecting in Georgia? This question begs the answer: Absolutely! Georgians of all faiths need the assurance they can live out their faith without fear of government retaliation. This bill will provide those assurances.
Why the need for a state religious freedom bill? For starters, the federal Religious Freedom Restoration Act, passed in 1993, was intended to prohibit unwarranted burdening of religion by federal and state governments. However, in 1997, the Supreme Court ruled the RFRA applies only to federal law, not state law.
Since that court ruling, 19 states have passed their own versions of the Religious Freedom act, including all the states contiguous to Georgia. Without a state RFRA, Georgians may have no recourse when they suffer religious discrimination from the state and local municipalities.
Readers should also be aware Georgians are already subject to religious discrimination. From Savannah to Ellijay, from Pine Mountain to Suwanee, religious discrimination is more common than most people realize. Consider these actual examples: restrictions on Christian clubs at Savannah State University, public prayer in Ellijay, and distribution of religious literature in Pine Mountain.
A state RFRA will also prevent unnecessary litigation. This bill simply restores the “compelling interest test” in religious freedom cases, which is a much higher standard of proof. This emphasis in law will present a great incentive for the government to act with caution and clear intent in cases where it significantly burdens the free exercise of religion.
Some have argued a state Religious Freedom act will increase litigation, but in fact the law will curtail, not increase, religious discrimination litigation by making the law much clearer and keeping a high standard of proof. The 19 states that have passed their own RFRAs have not seen any significant increase in free exercise litigation.
Religious freedom is the bedrock of all other liberties and valued as one of our most cherished constitutional rights. Protecting religious freedom was so important to our Founders, they placed it at the top of the Bill of Rights in our Constitution. A state RFRA is in complete harmony with that important ideal. Isn’t it time that we step up to protect religious freedom in Georgia? Future generations are depending on us.
Tanya Ditty is state director of Concerned Women for America of Georgia. She lives in Marietta.
