|
HB 757 amends O.C.G.A. Chapter 3 of Title 19 by repealing O.C.G.A. § 19-3-3.1, relating to the prohibition against same-sex marriage. New O.C.G.A. § 19-3-3.1 allows for any religious official to decline to solemnize any marriage opposing their religious views or in violation of their free exercise of religion under the Constitution of Georgia or of the U.S. New O.C.G.A. § 10-1-1000, defines "religious organization" and stipulates that no religious organization shall be required to rent, lease, or grant permission for property to be used by anyone for purposes which are objectionable to the religious organization. A refusal shall not
give rise to any civil claim or result in any state action to penalize the individual
based on any refusal against such individual or faith-based organization. An
individual or faith-based organization may assert a violation of this Code
section by a government and obtain a declaratory judgement or injunctive
relief. When an aggrieved individual or faith-based organization prevails in an
action pursuant to this Code section, the court may award reasonable attorney's
fees and court costs. Any individual or faith-based organization wishing to
bring a claim against a government shall give notice to the government at least
30 days before filing such action. HB 757 also amends O.C.G.A. § 10-1-573, adding in subsection (b) stating that, “No business or industry shall be required to operate on either of the two rest days (Saturday or Sunday).” Except as provided by the Constitution of this state or the United States or federal law, no faith based organization shall be required to hire or retain as an employee any person whose religious beliefs or practices or lack of either are not in accord with the faith based organization's sincerely held religious belief. Government is required to prove a compelling governmental interest, and application of the least restrictive means to burden a person’s exercise of religion. O.C.G.A. § 50-21-38 is added, waiving the defense of sovereign immunity.
|
