ATLANTA – Proponents of religious freedom gathered in the Georgia Capitol Tuesday to pressure the state House of Representatives to vote on a measure that would limit government intrusion into actions based on religious beliefs.
Opponents say religious rights are not under attack and that Senate Bill 36 would make it legal to discriminate against people under the banner of faith.
Proponents say religious freedom has been seriously infringed in other states and could be a problem in the future in Georgia. They have cited two cases in this state — one involving a student who wanted to hand out religious literature on a college campus and another involving a college counselor who was disciplined for asserting that her religious rights were compromised by having to advise LGBTQ students.
The Senate passed SB 36 along party lines in March. A committee of the House of Representatives then passed it, over the opposition of Democrats and one Republican.
The legislation has not come up for a vote on the floor of the House, and the 2025 legislative session ends Friday.
“It’s time to move, now,” W. Thomas Hammond, Jr., executive director of the Georgia Baptist Mission Board, said Tuesday, with supporters arrayed behind him on the marble steps of the state Capitol.
The bill is being sponsored by Sen. Ed Setzler, R-Acworth, who said Georgia should join 39 other states with a Religious Freedom Restoration Act.
“We’re the only Republican-led state in the nation that does not have this protection,” Setzler said after Hammond spoke.
Critics of SB 36, including fellow Republican Rep. Deborah Silcox from Sandy Springs, have noted that Georgia is one of a few states lacking a comprehensive civil rights law that protects against discrimination in public spaces, workplaces or housing.
The federal Civil Rights Act prohibits discrimination based on race, color, religion, sex or national origin. Many states have expanded civil rights protections to also prohibit discrimination based on sexual orientation, gender identity or both.
Eighteen cities and counties in Georgia have non-discrimination ordinances. Silcox and Democrats said SB 36 would pre-empt such local laws, and they pushed for language in Setzler’s bill they said would counterbalance religious interest.
Setzler opposed the amendment, saying SB 36 would not override local non-discrimination ordinances and that establishing a statewide non-discrimination law was a separate policy discussion.
Setzler explained Tuesday that he also opposed the amendment because the non-discrimination language was a “Trojan horse” that would “exempt” the religious protections in SB 36. If someone were to raise a non-discrimination claim, he said, the religious freedom protections wouldn’t apply if Silcox’s language had been added.
SB 36 seeks to prohibit government intrusion into the exercise of religion except in cases involving a “compelling government interest.”
Silcox’s amendment would have added that the government’s interest includes “protecting persons against discrimination on any ground prohibited by federal, state or local law.”
On Tuesday, Rep. Stacey Evans, D-Atlanta, refuted Setzler’s assertion. In an interview after he spoke, Evans, who had voted for the Silcox amendment, said religious freedom protections can co-exist with protections against discrimination against LGBTQ+ people.
“If Senator Setzler was not interested in using this RFRA bill to discriminate against Georgians,” she said, “he would have no problem with an anti-discrimination amendment to the bill.”
At this point, it is up to the House Rules Committee to decide whether to put SB 36 to a vote of the whole House. Should the committee withhold the bill when the House gavels to order on Wednesday and Friday, it would remain in play when lawmakers return next year, but it would be sidelined for the remainder of this year.
Asked for comment about the pressure campaign to bring SB 36 to a vote, a spokesperson for House Speaker Jon Burns, a Republican from Newington, texted this statement:
“There are several issues that the House will consider over the next two legislative days, and as always, we’ll focus on prioritizing policies that matter most to our fellow Georgians.”