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SB 0377 - Attempt at religious Freedom Act

Tracking Level: Monitor
Sponsor: Joshua McKoon
Last Action: 2/24/2014 - Senate Read Second Time
Senate Committee: JUDY
Assigned To:
MiscellaneousNext Bill

Staff Analysis of the Legislation

This bill would amend Title 50 of the O.C.G.A. to provide for the preservation of religious freedom. It includes a new section of definitions:

1. “Burden”—any government actions that curtail benefits; criminal, civil or administrative penalties; exclusion from government programs or access to government facilities.

2. “Compelling governmental interest:--protecting a child from abuse and neglect;

3. “Exercise of Religion”—the practice as recognized by the Georgia Constitution and the U.S. Constitution, including the right to act or refuse to act as a result of a religious conviction;

4. “Penal institution”—jail, correctional institution, or similar facility, and any entity for the supervision of parole, probation or conditional release;

5. “Person”—an individual, any kind of business or association, and any pother unincorporated association or group;

6. “State entity”—the state, any subdivision under the state to include every government body.

The bill states that no governmental entity could prevent an exercise of religion unless it could demonstrate it is of a compelling governmental interest and is the least restrictive means to further that interest. It would allow someone who feels that their right to exercise their religion has been violated to go to the courts for relief. If however, such a claim would be found to be frivolous, the person would be banned from bringing any further complaints.

It would require that religious liberty occupy a preferred position and that any encroachments on the liberty would have to be required by clear and compelling governmental interests of the highest order.

It goes on to reiterate parental rights in the care and custody of their minor children in every aspect of child rearing, including education and discipline.


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