Editorial | Freedom of Speech, Religion and the Power of the State | Valdosta Today – South Georgia’s News Source

Georgia State Senator Josh McKoon (R-Columbus) recently announced his intention to re-introduce a “religious freedom” bill in the 2015 Georgia General Assembly. A previous version was opposed by some business interests as well as the Georgia Municipal Association because they felt it would legalize discrimination against the lesbian, gay, bisexual and transgender (LGBT) community and deny them access to needed services.

A plain reading of the legislation, however, says otherwise.

McKoon’s bill simply restricts the right of any governmental entity to “substantially burden a person’s civil right to exercise of religion” unless it can show that the burden is necessary to further a “compelling governmental interest”. Uprooting discrimination on the basis of race, creed, gender, sexual orientation, what have you, is a well-established “compelling governmental interest”. Further, the burden must be the least restrictive means of alternative means to protect that interest.

Under this law, the government is barred from passing a law or imposing a regulation that interferes with one’s religious beliefs unless that law or regulation can pass a “strict scrutiny” test. It addresses government power and the free exercise of religion; it is not a law promoting or protecting acts of private discrimination.

The bill mirrors the 21 year old federal Religious Freedom Restoration Act and other similar laws on the books in 19 other states, even more when judicial decisions are included.

via Editorial | Freedom of Speech, Religion and the Power of the State | Valdosta Today – South Georgia’s News Source.