Fates of transportation, ‘religious liberty’ bills may be linked

Both pieces of legislation linger in this final week of the legislative session. And we may not get one without the other.

The General Assembly’s push to find more cash for the state’s ailing transportation network appears to hinge in part on whether leaders will allow a separate “religious liberty” bill to move forward for a vote — despite fear of public reaction akin to that which has roiled Indiana, where a similar measure was signed into law last week.

Private negotiations on both bills are ongoing, including those held Monday at the Capitol. Few lawmakers or lobbyists involved in the discussions would talk on the record, but details trickled out anyway.

The transportation talks involving House Bill 170 hit a rough patch on just how high the state's proposed new gas tax would be, including a proposal for 26 cents per gallon for gas — and 29 cents per gallon for diesel — that may still be too high for some Senate leaders, according to a person with direct knowledge of the negotiations who was not authorized to speak on the record.

In the meantime, Senate Bill 129 — the religious liberty legislation — remained stuck in the House, despite the involvement of Senate President Pro Tem David Shafer, R-Duluth, to try to negotiate its release. Shafer — who's also leading negotiations on the transportation bill — is among supporters who say the bill would prevent government intrusion on faith-based beliefs.

SB 129 uses much the same language as federal legislation that Congress passed in 1993 and carries President Bill Clinton’s signature. It asserts that government has to show a compelling interest for why its policy should override an individual’s religious freedom.

Conservatives want the bill, but some conservative members of the House Judiciary Committee tabled it last week after other mostly moderate members successfully added language saying the bill could not be used to discriminate against anyone protected by local, state or federal law.

The move appeased critics, who say the legislation is not needed and could allow businesses to cite the law to refuse goods or services for gay weddings or gay advocacy groups.

Judiciary Committee Chairman Wendell Willard, R-Sandy Springs, told members of his committee Sunday that negotiations over the bill's fate between he and Shafer had not yet produced a compromise, according to an email obtained by The Atlanta Journal-Constitution. Willard then canceled a planned committee meeting Monday — despite Thursday being the scheduled last day of the session.

Shafer’s office on Monday downplayed his role, saying he was just trying to help.

“Senator Shafer has encouraged Representatives Willard and (Mike) Jacobs to work out their differences with the Republican majority on the House Judiciary Committee,” said Jeremy Collins, Shafer’s chief of staff. Jacobs, a Republican from metro Atlanta’s Brookhaven, spearheaded the changes that angered conservatives and caused them to table the bill.

Lawmakers with direct knowledge of the discussions, who would not speak on the record for fear of scuttling a deal or angering leadership, told the AJC that the House Republican caucus is split over both bills.

Conservative members want the religious freedom bill to pass but remain wary of a potential tax increase in the transportation bill. Moderate Republicans want the transportation bill but are concerned if they vote against SB 129 they’ll buy themselves primary opposition in 2016.

Senate Republicans, meanwhile, passed SB 129 earlier this month — a vote leaders believe will protect members next year. But a number of moderate GOPers in the chamber remain wary of the bill’s effect on Georgia’s public image.

Already, major trade associations have threatened to pull out of, or not consider, Atlanta for future conventions. One trade organization estimated it could cost the state $15 million in lost revenue. The Human Rights Campaign has also written to the NFL to raise awareness of SB 129 as Atlanta is expected to bid on the 2019 Super Bowl.

Advocates for both sides have already given a taste of what to expect over the next few days.

Robert Potts, the executive director of the Georgia Faith & Freedom Coalition, took to Twitter to say he and SB 129 supporters were denied a meeting with Gov. Nathan Deal to discuss the bill Monday. “No time was found for pastors, citizens, & activists to meet w/ Gov. deal about Religious Freedom today,” Potts posted.

But Deal spokesman Brian Robinson said the group did not have an appointment.

“They were told before they came that we wouldn’t have one today,” Robinson said. “It’s end of the session; the schedule is pretty packed.”

The lack of an appointment did not stop conservative radio host Erick Erickson from blasting Deal anyway. Erickson, of AM750 and 95.5 FM WSB, emailed his supporters with the subject line: “Unbelievable.”

“Our Republican Governor wants a billion dollar tax increase (from the transportation bill) and won’t even meet with the men and women of faith who have supported him,” he wrote. “All the Republicans want is legislation that puts freedom of religion on the same legal footing as freedom of speech and assembly. But Governor Deal has shut his door on them.”

Opponents of the bill , meanwhile, announced plans for a march and rally Tuesday at the Capitol. The group, Georgia Unites Against Discrimination, also bought ads on Variety.com, the website of the influential entertainment trade publication, warning Hollywood of SB 129 and what they said was its potential impact.

The ad, targeting Georgia’s growing reputation as the “Hollywood of the South,” says if the bill passes, Georgia will become “a state where it will be perfectly legal to discriminate against LGBT people under the guise of religious freedom.”