A new push for stronger religious protections in Georgia has revived one of the most hotly debated measures under the Gold Dome, renewed calls for a state-level non-discrimination law.
State Senator Ed Setzler, an Acworth Republican who sponsored the state’s 2019 abortion law, has introduced a bill that would extend federal protections passed in 1993 to the state and local levels, which he says would protect religious Georgians from unfair government interference .
His bill is a stripped down version of a bill vetoed by former Republican Gov. Nathan Deal in 2016 after the US Supreme Court ruled same-sex marriages were ruled after big corporations threatened to boycott Georgia.
“The intent is to do something that is very basic, very conventional, and shouldn’t be controversial for legal reasons — putting in place the same protections that we have at the federal level and that are in place in state and local governments,” said Setzler a press conference this week.
Setzler cited pandemic-era tensions between public health restrictions and people’s ability to attend religious services as his motivation for rekindling debate over whether greater religious protections are needed in Georgia.
At least two dozen GOP senators endorsed the bill. Gov. Brian Kemp has said in the past he would sign legislation mirroring federal law, but it’s unclear if he will stick to the schedule. A spokesman for the governor’s office declined to comment Wednesday as the legislation is pending.
Setzler’s proposal immediately raised concerns that it would justify discrimination, particularly against members of the LGBTQ community. It also remains to be seen how the business community, which blocked the 2016 law, will react.
“While we all agree that religious freedom is a cornerstone of our faith, it is imperative in our effort to protect religion that we do not create a license to discriminate,” said Jeff Graham, executive director of Georgia Equality, which advocates for it works on behalf of LGBTQ Georgians.
Georgia is one of only three states lacking a comprehensive state civil rights law, Graham said. So he has put forward a counter-proposal: adopt nationwide non-discrimination protections for “all Georgians who fear discrimination because of who they are, who they love, or how they pray.”
A nondiscrimination bill had not been filed as of Wednesday, but pushing for those protections at the state level has been a priority in the past, said Senator Elena Parent, an Atlanta Democrat.
Parent said passing a religious freedom law without a non-discrimination law would “open the door to many types of discrimination on ‘religious grounds’.”
Setzler said he needed to see the details of an anti-discrimination law to comment fully, but expressed skepticism about the need. He attributed the failure of the 2016 measure to attempts at the time to specifically exclude certain people or situations.
“I think the flawed thought that RFRA’s balance test isn’t enough is this belief that somehow it’s going to have a perverse ending,” he said Wednesday. “RFRA will not result in a guaranteed result for either party under these circumstances.”
When asked specifically whether his proposal would protect a faith-based adoption agency that refused to work with same-sex couples, he said it was for the courts to determine.
Local governments can also pass ordinances, which he argued would provide enhanced protections against non-discrimination. According to Georgia Equality, 13 cities have enacted such ordinances so far. Opponents, however, say Setzler’s bill could potentially undo those local protections.
“The challenge would be to enact a statewide (RFRA law) without also enacting statewide nondiscrimination,” Parent said.
Setzler’s bill fuels the partisan culture wars that are beginning to reignite during an otherwise muted legislature.
Other Senate proposals would restrict doctors’ options provide gender-affirming care to transgender minors and block out teachers and others Answering questions from a young person about the child’s sexual orientation or gender identity.
Cole Muzio, president of the conservative Frontline Policy Action, praised Setzler’s bill, saying 34 states have passed similar measures over the years. His organization has championed proposals that critics have labeled anti-LGBTQ.
“Religious freedom is a human right that must be protected without delay,” Muzio said in a statement.
At press conferences this week, Setzler brought visual aids to make it clear that religion has only third-class rights compared to other First Amendment guarantees, such as freedom of speech.
He pointed to a Georgia case that went to the US Supreme Court last year where a student at Georgia Gwinnett College was allowed to file a lawsuit against the school on freedom of speech grounds, but not on religious grounds. School had prevented him from preaching in a free speech zone.
