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Sponsor says Senate bill would add state-level free-exercise protections and a balancing test; opponents warned of discrimination risk
Summary
Senate Bill 36, described by its sponsor as extending federal-style free-exercise protections to state and local government action, drew extended debate over whether it would enable discrimination; the sponsor said the bill creates a balancing test and does not nullify local nondiscrimination ordinances.
Senator Sutzler presented Senate Bill 36 as a state-level measure to recognize and protect free-exercise rights in interactions with state and local government, saying the bill "takes the center road" and does not preempt local nondiscrimination ordinances.
Committee members raised concerns that, if enacted, the measure could function as a license to discriminate because Georgia lacks a comprehensive state-level civil-rights statute. Whip Park asked whether the bill would effectively enable discrimination given the state's statutory landscape; Sutzler rejected that characterization and said the language is the same as federal protections that have been litigated and interpreted over decades.
In response to questions about claimed legal precedent, a sponsor-aligned speaker referenced the Hosanna-Tabor U.S. Supreme Court case to illustrate balancing religious exercise against other claims. The sponsor and backers emphasized the bill creates a balancing test rather than a broad exemption allowing faith-based discrimination.
Supporters said 39 states have enacted similar protections and argued Georgia is one of 11 that have not; critics said the measure demands scrutiny because of possible real-world effects on protected classes. The committee engaged in extended legal and policy discussion but recorded no committee vote on SB 36 in this hearing.
