Georgia’s Religious Freedom Restoration Act, signed by Governor Brian Kemp in 2025 as Senate Bill 36, bars state and local government in Georgia from substantially burdening a person’s religious exercise unless the government can prove the burden serves a compelling interest and is the least restrictive way to serve it.1Georgia General Assembly. Senate Bill 36 The law gives Georgians a specific statutory tool, with attorney fees available to those who win, to challenge government actions that interfere with sincere religious practice. It tracks the federal Religious Freedom Restoration Act, which the U.S. Supreme Court held in 1997 does not apply to state and local governments.2Justia. City of Boerne v Flores, 521 U.S. 507 (1997)
What the Law Actually Requires
At the center of the statute is a two-part test borrowed directly from the federal RFRA.3Office of the Law Revision Counsel. 42 U.S. Code 2000bb-1 – Free Exercise of Religion Protected Once you show that a government action places a substantial burden on your religious exercise, the government must prove two things to keep enforcing that action against you:
- The policy serves a compelling government interest, meaning a genuinely critical purpose such as protecting public safety, preventing serious harm, or stopping fraud.
- The policy is the least restrictive means of serving that interest. If the government could reach the same goal with a different approach that interferes less with your religious practice, enforcement fails.
This is strict scrutiny, the highest standard courts apply. The government carries the burden on both prongs. You are not required to propose alternative policies or show bad faith. You do have to establish that the burden on your religious exercise is substantial, not merely inconvenient. Courts around the country have generally found a substantial burden when the government forces a person to choose between following religious beliefs and facing a penalty, losing a benefit, or being excluded from a government program. Added cost or inconvenience, with no real coercion, typically falls short.
Whose Religious Practice Is Protected
The statute defines “exercise of religion” broadly. It covers any act or refusal to act that is motivated by a sincerely held religious belief, whether or not the belief is tied to a formal doctrine or considered central to the faith tradition. You do not have to prove your religion commands a specific practice. You have to show your religious beliefs genuinely motivate it.
Coverage extends to individuals, religious organizations such as churches and mosques, and other associations that operate according to religious principles. Courts interpreting similar state statutes elsewhere have generally extended coverage to closely held businesses whose owners run them according to religious convictions, though Georgia courts have not yet addressed that question under SB 36.
Which Government Actions Are Covered
Georgia’s RFRA reaches every branch, department, agency, and official acting under state law, along with every political subdivision of the state.4Vote Smart. Senate Bill 180 That includes state government, county commissions, city councils, public school districts, and individual government employees acting in their official capacity. A zoning board denying a permit for a house of worship, a state licensing agency imposing requirements that conflict with religious practice, a municipal code that effectively prohibits a religious observance — each is the kind of action the statute was written to reach.
The law does not apply to disputes between private parties. If your employer, landlord, or a private business interferes with your religious practice, Georgia’s RFRA is not the right tool. Those situations are governed by other laws, including federal protections like Title VII for workplace religious discrimination.
Federal law also stays intact. Federal civil rights statutes, including Title VII, the Fair Housing Act, and the Americans with Disabilities Act, remain fully enforceable regardless of any state RFRA claim. Within Georgia, however, the RFRA sits above local ordinances. Cities and counties cannot pass rules that create substantial burdens on religious exercise unless those rules satisfy the compelling interest test. The statute operates as a default standard unless a future Georgia law specifically exempts itself from its requirements.
What You Can Get in Court
If a government action violates the statute, you can raise RFRA as a standalone claim or as a defense in an existing proceeding. The law authorizes courts to grant “appropriate relief against government,” which typically means injunctive relief (an order stopping the government from enforcing the policy) or declaratory relief (a formal ruling that the policy violates RFRA).4Vote Smart. Senate Bill 180
The statute also allows a prevailing party, other than the government, to recover reasonable attorney fees as part of their costs.4Vote Smart. Senate Bill 180 Constitutional litigation is expensive, and fee-shifting means that if you win, the government may end up paying your lawyer rather than you. That changes the practical math for both sides: legitimate claims become easier to bring, and questionable policies become riskier to defend.
Deadlines for Suing a Government Entity
Before you can sue a government entity in Georgia, you generally must provide written pre-suit notice (called an ante-litem notice) within strict deadlines. These deadlines vary by level of government:
- State agencies: written notice within 12 months of when the harm occurred or was discovered. The notice goes to the Risk Management Division of the Department of Administrative Services by certified mail or statutory overnight delivery, with a copy to the specific agency involved. You must then wait 90 days or until the Department denies the claim, whichever comes first, before filing suit.5Justia. Georgia Code 50-21-26 – Notice of Claim Against State
- Counties: notice must be served within 12 months.
- Cities: just six months from the event. The notice must describe the time, place, and nature of the harm, and it goes by certified mail or statutory overnight delivery.
Missing these deadlines can bar your claim entirely, no matter how strong your RFRA argument is. Georgia law generally allows two years for personal injury claims under the statute of limitations.6Justia. Georgia Code 9-3-33 – Injuries to the Person Whether RFRA claims fall under that period or a different one is something Georgia courts will likely clarify as cases arise under the new statute. If you believe a government policy is burdening your religious exercise, talk to an attorney well before any deadline approaches.
What the Law Does Not Do
Georgia’s RFRA is a shield against government overreach, not an automatic win. It does not let anyone ignore generally applicable laws simply because compliance is inconvenient. Health and safety codes, criminal statutes, and public welfare regulations remain enforceable. The government just has to show a compelling reason and use the gentlest effective method when those laws collide with sincere religious practice.
The statute does not resolve any claim in favor of the religious observer by default. Courts evaluate each case individually, and the government wins when it meets its burden. Public safety, child welfare, and prevention of serious harm have consistently been recognized as compelling interests in RFRA litigation across the country. The law shifts the burden of justification to the government. It does not eliminate the government’s ability to regulate.