Text of GA SB 377 (2014)

14 LC 41 0122 S. B. 377 - 1 - Senate Bill 377 By: Senators McKoon of the 29th, Shafer of the 48th and Ligon, Jr. of the 3rd A BILL TO BE ENTITLED AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, 1 so as to provide for the preservation of religious freedom; to provide for a short title; to 2 provide for definitions; to provide for penalties; to provide for the granting of relief; to repeal 3 conflicting laws; and for other purposes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 5 SECTION 1. 6 This Act shall be known and may be cited as the "Preservation of Religious Freedom Act." 7 SECTION 2. 8 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 9 by adding a new chapter to read as follows: 10 "CHAPTER 15A 11 50-15A-1. 12 As used in this chapter, the term: 13 (1) 'Burden' means any government action that directly or indirectly constrains, inhibits, 14 curtails, or denies the exercise of religion by any person or compels any action contrary 15 to a person's exercise of religion, including, but not limited to, withholding benefits, 16 assessing criminal, civil, or administrative penalties, and exclusion from government 17 programs or access to government facilities. 18 (2) 'Compelling governmental interest' includes, but is not limited to, protecting the 19 welfare of a child from abuse and neglect as provided for by state law. 20 (3) 'Exercise of religion' means the practice or observance of religion under Article I, 21 Section I, Paragraphs III and IV of the Constitution of this state and the free exercise 22 clause of the First Amendment to the Constitution of the United States, including, but not 23 14 LC 41 0122 S. B. 377 - 2 - limited to, the right to act or refuse to act in a manner substantially motivated by a 24 sincerely held religious tenet or belief whether or not the exercise is compulsory or a 25 central part or requirement of the person's religious tenets or beliefs. 26 (4) 'Fraudulent claim' means a claim that is dishonest in fact or that is made principally 27 for a patently improper purpose, including, but not limited to, the harassing of another 28 party. 29 (5) 'Penal institution' means any jail, correctional institution, or similar facility for the 30 detention of violators of state laws or local ordinances and any entity supervising such 31 violators placed on parole, probation, or other conditional release. 32 (6) 'Person' means an individual, corporation, partnership, firm, business trust, 33 joint-stock company, association, syndicate, group, pool, joint venture, and any other 34 unincorporated association or group. 35 (7) 'State entity' means the state or any local subdivision of the state or public 36 instrumentality or public corporate body created by or under authority of state law, 37 including, but not limited to, the executive, legislative, and judicial branches and every 38 department, agency, board, bureau, office, commission, authority, or similar body thereof, 39 municipalities, counties, school districts, special taxing districts, conservation districts, 40 authorities, and any other state or local public instrumentality or corporation. 41 50-15A-2. 42 (a) A state entity shall not substantially burden a person's civil right to exercise of religion 43 even if the burden results from a rule of general applicability unless such state entity 44 demonstrates, by clear and convincing evidence, that application of the burden to the 45 person is in furtherance of a compelling governmental interest and is the least restrictive 46 means of furthering that compelling governmental interest. 47 (b) A person whose exercise of religion has been burdened or is substantially likely to be 48 burdened in violation of this chapter may assert such violation as a claim or defense in a 49 judicial proceeding. A court may grant appropriate relief as may be necessary including, 50 but not limited to, injunctive relief, protective order, writ of mandamus or prohibition, 51 declaratory relief, actual damages, and reasonable costs and attorney fees as determined by 52 the court. 53 (c) Any person found by a court of competent jurisdiction to have abused the protection 54 of this chapter by making a fraudulent claim may be enjoined by such court from filing 55 further claims under this chapter before such court without leave of court. 56 14 LC 41 0122 S. B. 377 - 3 - 50-15A-3. 57 In determining whether a compelling governmental interest is sufficient to justify a 58 substantial burden on a person's exercise of religion pursuant to subsection (a) of Code 59 Section 50-15A-2, only those interests of the highest order and not otherwise served can 60 overbalance the fundamental right to the exercise of religion preserved by this chapter. In 61 order to prevail under the standard provided for by subsection (a) of Code Section 62 50-15A-2, the government shall demonstrate that such standard is satisfied through 63 application of the asserted violation of this chapter to the particular claimant whose sincere 64 exercise of religion has been burdened. The religious liberty interest protected by this 65 chapter is an independent liberty that occupies a preferred position and no encroachments 66 upon this liberty shall be permitted, whether direct or indirect, unless required by clear and 67 compelling governmental interests of the highest order. 68 50-15A-4. 69 (a) Nothing in this chapter shall be construed to: 70 (1) Impair the fundamental right of every parent to control the care and custody of such 71 parent's minor children including, but not limited to, control over education, discipline, 72 religious and moral instruction, health, medical care, welfare, place of habitation, 73 counseling, and psychological and emotional well-being of such minor children as 74 provided for under the laws of this state and of the United States; 75 (2) Authorize any violation of Article I, Section IV of the Constitution of this state; 76 (3) Authorize the application or enforcement of any law, rule, code, or legal system in 77 the courts of this state other than the laws, rules, codes, or legal system provided for by 78 the laws of this state and of the United States; or 79 (4) Protect actions or decisions to end the life of any adult or born or unborn child that 80 are not as provided for by the laws of this state or of the United States. 81 (b) Except as provided by subsection (c) of this Code section, this chapter shall apply to 82 all actions by a state entity. 83 (c) This chapter shall not apply to penological rules, regulations, conditions, or policies 84 established by a penal institution that are reasonably related to the safety and security of 85 incarcerated persons, staff, visitors, supervised violators, or the public, or to the 86 maintenance of good order and discipline in any penal institution or parol or probation 87 program." 88 SECTION 3. 89 All laws and parts of laws in conflict with this Act are repealed. 90