Georgia GOP looks to pass religious freedom bill that advocates say will harm marginalized groups

Georgia lawmakers scrambled to hear testimony on Wednesday on a religious freedom bill critics say will be used as a sword rather than a shield to attack LGBTQ+ rights. Republicans hope to pass the legislation before April 4, when the legislative session ends.

Senate Bill 36, the Restoration of Religious Freedom Act, purports to protect religious freedom for Georgians. The bill states that the state government “shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability” except in rare instances.

The bill failed a first vote in the state House of Representatives on Wednesday, but the bill could return for another vote. The bill passed the state Senate on March 4 by a vote of 32 to 23.

Critics called out supporters of the bill, challenging their claims that the bill will not be used to discriminate against the LGBTQ+ community.

The only Jewish member of the House, Esther Panitch (D-Sandy Springs) was emotional in her criticism of the bill during debate on Wednesday.

"This is going to be used as a sword and not a shield," Panitch said, Atlanta First Reports.

“Despite repeated assurances that this bill would not be used to create a license to discriminate or to preempt local non-discrimination ordinances, when offered Republican-sponsored, bipartisan amendments with these guarantees, the bill sponsor rejected them all. We are disappointed by this rejection of a common-sense compromise to protect Georgians,” Georgia Equality said in a statement, adding, “This move makes it clear that our concerns about this bill being weaponized against vulnerable groups are completely valid.”

“In previous years, state legislators have failed to pass a so-called Religious Freedom Restoration Act, aka RFRA. Like those versions, the current bill is framed as an expansion and protection of religious rights, but in reality, it could be used to deny rights to gay people and many others,” the American Civil Liberties Union of Georgia (ACLU Georgia) said in a statement. “Supporters will likely use it as a reason to pass anti-LGBTQ+ laws, further restrict reproductive rights, allow business owners to discriminate at their own discretion, and control educational materials in schools.”

Republicans have sizeable majorities in both houses of the Georgia General Assembly, Ballotpedia reports. They control the Senate 33 to 23 and control the House 100 to 80.

While not commenting on this specific bill, Republican Gov. Brian Kemp has said in the past that he would sign such legislation.