Religious Freedom Restoration Act

50-15A-1.  Governmental burden on religion; relief for violations.

(a)  Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this Code section.

(b)  Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is:

(1)  In furtherance of a compelling governmental interest; and

(2)  The least restrictive means of furthering such compelling governmental interest.

(c)  A person whose religious exercise has been burdened in violation of this chapter may assert the violation as a claim or defense in a judicial proceeding and obtain appropriate relief against government.

History

Code 1981, § 50-15A-1, enacted by Ga. L. 2025, p. 13, § 3/SB 36, effective April 4, 2025.

50-15A-2.  Definitions.

As used in this chapter, the term:

(1)  “Demonstrates” means meets the burden of going forward with the evidence and of persuasion.

(2)  “Exercise of religion” means any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including, but not limited to, the practice or observance of religion under Paragraphs III and IV of Section I, Article I of the Constitution of this state or the Free Exercise Clause of the First Amendment to the Constitution of the United States.

(3)  “Government” includes any branch, department, agency, instrumentality, and official or other person acting under color of law of this state, or any political subdivision of this state as defined in Code Section 50-15-1.

History

Code 1981, § 50-15A-2, enacted by Ga. L. 2025, p. 13, § 3/SB 36, effective April 4, 2025.

50-15A-3.  Recovery of attorney’s fees.

In any action or proceeding to enforce a provision of this chapter, the court or tribunal may allow the prevailing party, other than government, a reasonable attorney fee as part of costs; provided, however, that, in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, such officer shall not be held liable for any costs, including attorney’s fees, unless such action was clearly in excess of such officer’s jurisdiction.

History

Code 1981, § 50-15A-3, enacted by Ga. L. 2025, p. 13, § 3/SB 36, effective April 4, 2025.

50-15A-4.  Construction of chapter.

Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment of the Constitution of the United States prohibiting laws respecting the establishment of religion, referred to in this Code section as the “Establishment Clause.”  Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter.  As used in this Code section, the term “granting,” used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

History

Code 1981, § 50-15A-4, enacted by Ga. L. 2025, p. 13, § 3/SB 36, effective April 4, 2025

Act: https://www.legis.ga.gov/api/legislation/document/20252026/230407

Statute: https://www.legis.ga.gov/api/legislation/document/20252026/230407