When Congress passed the Religious Freedom Restoration Act 20 years ago, supporters intended the bill to be a shield for religion, not a sword to harm others. But today, people are using it to take away protections, rights and benefits of others.
If we are going to pass a religious freedom bill in Georgia, we must make sure it is not used to trump non-discrimination laws or deny women access to basic medical services, such as FDA-approved birth control pills and devices.
Our General Assembly has had 20 years to enact a version of the act. Until the most recent legislative session, we had not seen a bill introduced. There is no specific or timely concern threatening religious liberty in Georgia.
When it comes to a critical issue that has implications for so many people in so many ways, why not take a breath and make sure we fully understand the consequences of our actions before we rush a bill through the Legislature?
Hobby Lobby v. Sebelius, which the Supreme Court will decide in June, will clarify boundaries of the federal religious act. In this case, the plaintiff is arguing the law applies to for-profit corporations, another outcome supporters of the act did not contemplate.
If the plaintiff succeeds, the concept of religious liberties would also apply to for-profit corporations, allowing business owners to claim to be exempt from general laws that apply to business, including non-discrimination and health and safety laws. One of the primary components of the Georgia bills would have introduced this concept into state law.
The restoration act was never intended to allow for discrimination, but people attempt to use it for such purposes. Religious liberty is a core American value. So is non-discrimination. We should not allow a Georgia law to be used for such purposes.
While current state and federal law already allow employers and businesses to discriminate against gay and transgender individuals without penalty, there are a growing number of municipalities, such as Atlanta, that have passed local ordinances prohibiting these actions. The introduction of religious liberty bills is a preemptive strike that would prevent enforcement of these non-discrimination provisions as they become widespread.
Despite claims to the contrary, gay and transgender people face discrimination on an ongoing basis. In a 2011 statewide survey, 45 percent of respondents said they had experienced some form of workplace discrimination; 48 percent had experienced discrimination in a public establishment.
Georgia corporations and business groups have publicly opposed these bills because of their divisive and discriminatory impact. Their agenda is simple: Keep Georgia focused on business. They know diversity is good for business.
More than 200 businesses and 45 municipalities in Georgia have policies prohibiting employment discrimination for their own employees. Isn’t it time the state of Georgia did the same?
Jeff Graham is executive director of Georgia Equality.
