Why Deal Vetoed RFRA

Radio Commentary, 90.7, 91.7 New Life FM, May 13, 2016 – By Sue Ella Deadwyler

On March 28, 2016, Governor Nathan Deal explained his veto of H.B. 757 that was introduced as the Pastor Protection Act, and became an issue to him when it was amended into the more comprehensive religious liberty bill that passed.

In the complete transcript of his explanation about the veto, Governor Deal referred to cases in other states. Concerning the New Mexico photographer who refused to photograph a same-sex wedding, the governor explained that New Mexico’s Religious Freedom Restoration Act was NOT used in that decision, because it did not apply to the case.

However, New Mexico’s Human Rights Act was used to determine the outcome of the photographer’s case. But, Georgia has NO Human Rights Act that could require a business to compromise religious beliefs to satisfy customers.

Then he cited the bakery case in Colorado where Colorado’s Public Accommodation Act prohibits discrimination based on sexual orientation. Georgia has NO public accommodations act prohibiting discrimination based on sexual orientation. We dodged THAT bullet this year, when H.B. 849 whimpered and died in committee, but the issue is far from dead.Governor Deal continued, “It is apparent that the cases being cited from other states occurred because those states had passed statutes to, specifically, protect their citizens from adverse actions based on their sexual orientation. Georgia has no such statutes.”

Then, he explained how those situations are best left to the broad protections of the First Amendment to the United States Constitution that provides “negative protection” of religious liberty. Meaning, rather than telling the government what it can do regarding religion, our Founding Fathers told the government what it could not do, namely, “establish a religion or interfere with the free exercise thereof” that Man’s Creator had endowed all men “with certain unalienable rights, including ‘Liberty’ which embraces religious liberty.”

Governor Deal concluded: If, indeed, our religious liberty is conferred by God and not by man-made government, we should heed the “hands-off” admonition of the First Amendment. When legislative bodies attempt to do otherwise, the inclusions and omissions in their statutes can lead to discrimination, even though it may be unintentional. That is too great a risk to take.

But Governor Deal, we have a problem. The Constitution has been misinterpreted, manipulated, over-looked, trampled, skewed, ignored, disdained, contradicted, vilified, trashed and ripped to shreds SO many times that it makes me wonder. Is there an intact copy left ANYWHERE in these United States for SOMEONE in an official capacity to locate, read and enforce or am I infected with “constitutional phobia?” For Georgia Insight, I’m Sue Ella Deadwyler, your Capitol correspondent.