CREEDE HINSHAW: Misguided bill wouldn’t protect religious freedom

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Creede Hinshaw

Georgia State Sen. Josh McKoon, R-Columbus, continues to defend his “Government Overreach of Religion” bill (Senate Bill 129) supported in the House by State Rep. Sam Teasley, R-Marietta, even with support wavering among fellow Republicans.

Proponents claim this bill will protect religious liberty when it will do precisely the opposite. This bill will allow all persons employed in our state to justify any actions by claiming to be practicing their religion. Every person will become a law unto him or herself. Moreover, now that the U.S. Supreme Court has defined a person to include corporations, this bill will allow private businesses to follow whatever practices they deem motivated by “religious belief.”

Authors of the bill have defined religion vaguely as “whatever is religious.” This non-definition would put everything on the table. Practicing one’s religion will involve almost any behavior by any person devoted to any cause.

Furthermore the legislation opens the state up to astronomical new expenses incurred in the myriad potential lawsuits that will result if this bill becomes law. The only way the state can stop a state employee from practicing whatever behavior they choose is to use taxpayers’ dollars to take that individual to court.

A broad coalition of religious leaders (Jewish, Christian, Muslim, etc.) strongly oppose this ill-conceived, intolerant bill. I spent a day in the Capitol a few weeks ago standing with a number of clergy who urged our legislators, for a second year, to abandon this end-around at intolerance and discrimination.

Our state Constitution already protects every single citizen in this state to practice freedom of religion and conscience. So why do we need new legislation that could open the door to a measles-like outbreak of lawsuits and intolerance gussied up in the garb of “religious freedom”?

Sen. McKoon unwittingly proved my case earlier this week when he tried to justify the need for his bill because of a case at Savannah State University where a Christian club was decertified for “hazing” as the result of a foot-washing ceremony. Savannah State got this one way wrong. But what Sen. McKoon failed to note was (1) his example was 8 years old and (2) the case was satisfactorily resolved – in favor of the Christian club – by using existing laws protecting religious rights.

Proponents of gun rights are always claiming that we don’t need new gun laws; we should simply enforce the ones already on the books, an argument that is equally valid regarding religious rights. Our religious rights are already protected by the Bill of Rights, mountains of case law, the state Constitution and other state and local statutes. Why pile a new, inflammatory, potentially disastrous law atop the fine legal protections and guarantees we already have?

This bill is crafted for voters who “play the religion card” anytime they don’t get their way, a practice they cannot see in themselves, but quickly decry when accusing others of using it. I hear Jesus cautioning followers to first remove the logs from their own eyes. Maybe somebody could write some legislation to that end.

Creede Hinshaw, of Macon, is a retired Methodist minister.

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