Georgia's proposed bill welcomes child abuse in Gods name

[Buzzard]

I'm going to try to keep this brief, but this proposed legislation may as well invite Michael Pearl into the state to teach parents how to legally kill their children.

The bill:

A BILL TO BE ENTITLED

AN ACT

1 To amend Title 50 of the Official Code of Georgia Annotated, relating to state government,

2 so as to provide for the preservation of religious freedom; to provide for a short title; to

3 provide for definitions; to provide for penalties; to provide for the granting of relief; to repeal

4 conflicting laws; and for other purposes.

5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

6 SECTION 1.

7 This Act shall be known and may be cited as the "Preservation of Religious Freedom Act."

8 SECTION 2.

9 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended

10 by adding a new chapter to read as follows:

11 "CHAPTER 15A

12 50-15A-1.

13 As used in this chapter, the term:

14 (1) 'Burden' means any government action or implementation or application of any law,

15 including, but not limited to, state and local laws, ordinances, rules, regulations, and

16 policies, whether statutory or otherwise, that directly or indirectly constrains, inhibits,

17 curtails, or denies the exercise of religion by any person or that directly or indirectly

18 pressures any person to engage in any action contrary to that person's exercise of religion,

19 including, but not limited to, withholding benefits, assessing criminal, civil, or

20 administrative penalties, and exclusion from government programs or access to

21 government facilities.

22 (2) 'Compelling governmental interest' includes, but is not limited to, protecting the

23 welfare of a child from abuse and neglect as provided for by state law.

(3) 'Exercise of religion' means the practice or observance of religion under Article I,

25 Section I, Paragraphs III and IV of the Constitution of this state and the free exercise

26 clause of the First Amendment to the Constitution of the United States, including, but not

27 limited to, the right to act or refuse to act in a manner substantially motivated by a

28 sincerely held religious tenet or belief whether or not the exercise is compulsory or a

29 central part or requirement of the person's religious tenets or beliefs.

30 (4) 'Fraudulent claim' means a claim that is dishonest in fact or that is made principally

31 for a patently improper purpose, including, but not limited to, the harassing of another

32 party.

33 (5) 'Penal institution' means any jail, correctional institution, or similar facility for the

34 detention of violators of state laws or local ordinances and any entity supervising such

35 violators placed on parole, probation, or other conditional release.

36 (6) 'Person' means an individual, corporation, partnership, firm, business trust,

37 joint-stock company, association, syndicate, group, pool, joint venture, and any other

38 unincorporated association or group.

39 (7) 'State entity' means the state or any local subdivision of the state or public

40 instrumentality or public corporate body created by or under authority of state law,

41 including, but not limited to, the executive, legislative, and judicial branches and every

42 department, agency, board, bureau, office, commission, authority, or similar body thereof,

43 municipalities, counties, school districts, special taxing districts, conservation districts,

44 authorities, and any other state or local public instrumentality or corporation.

45 50-15A-2.

46 (a) A person's civil right to exercise of religion shall not be burdened even if the burden

47 results from a rule, law, ordinance, regulation, or policy of general applicability unless

48 demonstrated, by clear and convincing evidence, that application of the burden to the

49 person is in furtherance of a compelling governmental interest and is the least restrictive

50 means of furthering that compelling governmental interest.

51 (b) A person whose exercise of religion has been burdened or is substantially likely to be

52 burdened in violation of this chapter may assert such violation as a claim or defense in a

53 judicial proceeding regardless of whether a state entity is a party to the proceeding. A court

54 may grant appropriate relief as may be necessary including, but not limited to, injunctive

55 relief, protective order, writ of mandamus or prohibition, declaratory relief, actual

56 damages, and reasonable costs and attorney fees as determined by the court.

57 © Any person found by a court of competent jurisdiction to have abused the protection

58 of this chapter by making a fraudulent claim may be enjoined by such court from filing

59 further claims under this chapter before such court without leave of court.

50-15A-3.

61 In determining whether a compelling governmental interest is sufficient to justify a burden

62 on a person's exercise of religion pursuant to subsection (a) of Code Section 50-15A-2,

63 only those interests of the highest order and not otherwise served can overbalance the

64 fundamental right to the exercise of religion preserved by this chapter. In order to prevail

65 under the standard provided for by subsection (a) of Code Section 50-15A-2, it shall be

66 demonstrated that such standard is satisfied through application of the asserted violation

67 of this chapter to the particular claimant whose sincere exercise of religion has been

68 burdened. The religious liberty interest protected by this chapter is an independent liberty

69 that occupies a preferred position and no encroachments upon this liberty shall be

70 permitted, whether direct or indirect, unless required by clear and compelling governmental

71 interests of the highest order.

72 50-15A-4.

73 (a) Nothing in this chapter shall be construed to:

74 (1) Impair the fundamental right of every parent to control the care and custody of such

75 parent's minor children including, but not limited to, control over education, discipline,

76 religious and moral instruction, health, medical care, welfare, place of habitation,

77 counseling, and psychological and emotional well-being of such minor children as

78 provided for under the laws of this state and of the United States; or

79 (2) Authorize any violation of Article I, Section IV of the Constitution of this state.

80 (b) Except as provided by subsection © of this Code section, this chapter shall apply to

81 all actions by a state entity.

82 © This chapter shall not apply to penological rules, regulations, conditions, or policies

83 established by a penal institution that are reasonably related to the safety and security of

84 incarcerated persons, staff, visitors, supervised violators, or the public, or to the

85 maintenance of good order and discipline in any penal institution or parol or probation

86 program."

87 SECTION 3.

88 All laws and parts of laws in conflict with this Act are repealed.

This bill is completely unnecessary. The constitution already protects an individual's right to the free expression of religion. We have laws in place that protect everything mentioned in the bill, with the exception of the right to beat your child beyond our cruelty laws. "Spare the rod and spoil the child" will become the battle cry of every abusive parent in the state. Withhold food? Because Jesus. Lock child under the stairs? "Jesus...." Put child outside and hose them off with water in the winter? Just hold up "to train up a child!"

Leaving the realm of child abuse, what does this mean to those who choose to discriminate against people based on religion? Will this allow people to refuse to serve homosexuals? How about members of other religions? Will businesses be able to self segregate again? We already see the fundie private schools prohibiting dating on racial lines, will this allow the "no blacks allowed" signs to return to Georgia?

I dont even dare discuss domestic violence. Women are about to go back 200 years.

[nelliebelle1197]

I am in Georgia, too. Who is sponsoring this?

[Buzzard]

I am in Georgia, too. Who is sponsoring this?

Josh Mckoon

[sparkles]

The wingnuts really DO want to turn the US into the Republic of Gilead, don't they?

Disgusting.

[doggie]

It seems this will let religion do it about anything.

[Buzzard]

It seems this will let religion do it about anything.

Pretty much. This will kill just about any law we have. Animal cruelty? I get to handle snakes and sacrifice dogs! Domestic violence? A woman is a man's property! Child abuse? Hmpf!

[Delilah]

I looked up Josh McKoon. Alternet has a write up on him calling him "The Cruelest Republican in Georgia".

This bill is so over-the-top extreme and unnecessary. Surely it won't pass?

[Mama Mia]

It really makes a difference where you live how you see things doesn't it? If I saw this bill in my state I would think it was designed to protect Muslims or Wiccans or Hindus or some other lesser known religion who were being somehow discriminated against in their expression of faith.

But Georgia? Pretty clear that is not what they are going for.

I also noticed the whole wording and repeating the phrase over and over of " exercise of religion" -- with zero mention of any other kind of belief system. Shouldn't non- religious people get the same protections based on philosophical beliefs?

[doggie]

Pretty much. This will kill just about any law we have. Animal cruelty? I get to handle snakes and sacrifice dogs! Domestic violence? A woman is a man's property! Child abuse? Hmpf!

well we all know christians are perfect so whats the big deal? they never do bad things so they should have the freedom to do anything they want cause it's always godly. :roll:

[Buzzard]

I looked up Josh McKoon. Alternet has a write up on him calling him "The Cruelest Republican in Georgia".

This bill is so over-the-top extreme and unnecessary. Surely it won't pass?

There are bipartisan voices outside of the legislature speaking against it, but the republicans have the majority. No idea if the governor will sign it.

Delta was the first major corporation to speak out against it, joined by Coke and Home Depot and several DAs (Cobb and Macon) have expressed concern about child abuse.

http://www.ajc.com/news/news/state-regi ... ber/njm4p/

http://politics.blog.ajc.com/2014/02/26 ... dom-bills/

[naatashamaru]

i hope it doesn't pass...the only reason why it wouldn't is because businesses would have a problem with it and not because opposition legislators. I hate the fact that Georgia does stupid stuff like this...and im still pissed that i can't get MediCare because im contemplating skipping my healthcare payment cuz well i have no money...and with no MediCare expansion no damn alternative....sorry rant over...

[Mama Mia]

i hope it doesn't pass...the only reason why it wouldn't is because businesses would have a problem with it and not because opposition legislators. I hate the fact that Georgia does stupid stuff like this...and im still pissed that i can't get MediCare because im contemplating skipping my healthcare payment cuz well i have no money...and with no MediCare expansion no damn alternative....sorry rant over...

Nitty picky off-topic clarification: it's Medicaid, not Medicare. Medicare is what elderly and disabled people recieve. Medicaid is the one that is income based for children, adults on TANF, and now in some states, lower-income adults in general.

The distinction is important because one of the scare tactics put out about The ACA --Obamacare --is that it will mess up Medicare for seniors. Do when the two terms are mixed up it can increase those fears.

Sorry --wonky detail finished.

[salex]

The wingnuts really DO want to turn the US into the Republic of Gilead, don't they?

Disgusting.

Yes, and based on what I see passing and the unthinking hysteria I found on my "fakebook" account I worry that we've hit a tipping point and we are already there.

:angry-banghead:

[artdecades]

It seems this will let religion do it about anything.

Christianity. Don't think for a second that the people who created this law or anyone who would try and enforce it have anyone but Christians in mind.

[Palimpsest]

Didn't McKoon withdraw that bill (HB 1023 Preservation of Religious Freedom Act) last year because of overwhelming opposition?

For the love of doG, please don't tell me he is trying to bring it back again this year! :pink-shock:

[Buzzard]

Didn't McKoon withdraw that bill (HB 1023 Preservation of Religious Freedom Act) last year because of overwhelming opposition?

For the love of doG, please don't tell me he is trying to bring it back again this year! :pink-shock:

Yup, this is a similar bill to the one that died last year. Due to some dramaz with ebil gayz (the Atlanta mayor fired the Atlanta fire chief after he wrote a book with anti gay statements for religious reasons) there is a lot more push for religious "freedom" round them parts. The baptists have their panties in a bunch over free speech/religion giving this more life than it should have.

Religion over common sense. Should be the state motto.

[Palimpsest]

^^^

Damn it. Crossing my fingers that it can be defeated again. When is McKoon's term up? And that of his side-kick whose name I forget.

[Buzzard]

I cant find any information on his term, but JoshMckoon.com appears to be available :think:

This is a speech from last year regarding the same damn legislation.

[bBvideo 560,340:1ds1orso]

[/bBvideo]

He really does appear to be a hateful thing, doesnt he?

[Howl]

"You can't take away our right to take away your rights" about sums up the attitude of these guys. Even their wingnuts are loose. Sumbodyneeds to tighten 'em up a little.

[Buzzard]

The bill cleared the Senate Judiciary Committee despite bipartisan opposition. Interestingly, it apparently wasnt on the agenda and several key opponents werent present. Politics at its best...

[whoviana]

Tragic... just shakes my head. :| :(

[salex]

Didn't McKoon withdraw that bill (HB 1023 Preservation of Religious Freedom Act) last year because of overwhelming opposition?

For the love of doG, please don't tell me he is trying to bring it back again this year! :pink-shock:

It is a nation wide states rights move that many states keep promoting along with a similar act called the the restoration of religious freedom act.

It is advertised in KS as a way for good Christian county clerks to avoid having to provide marriage licenses to the evil Gays.

Clearly these bills are written by a central committee, because here is the KS version of the Georgia Bill you posted, This is from 2012, which I don't think passed, but expect it will keep coming around. We are living the Mad Hatter's Tea Party here!

HOUSE BILL No. 2203

AN ACT concerning civil procedure; relating to exercise of religion.

Be it enacted by the Legislature of the State of Kansas:

Section 1. As used in the Kansas preservation of religious freedom

act:

(a) ‘‘Burden’’ means any government action that directly or indirectly

constrains, inhibits, curtails or denies the exercise of religion by any person

or compels any action contrary to a person’s exercise of religion, and

includes, but is not limited to, withholding benefits, assessing criminal,

civil or administrative penalties, or exclusion from government programs

or access to government facilities.

(b) ‘‘Compelling governmental interest’’ includes, but is not limited

to, protecting the welfare of a child from abuse and neglect as defined

by state law.

© ‘‘Exercise of religion’’ means the practice or observance of religion

under section 7 of the bill of rights of the constitution of the state of

Kansas and the free exercise clause of the first amendment to the constitution

of the United States and includes the right to act or refuse to

act in a manner substantially motivated by a sincerely-held religious tenet

or belief, whether or not the exercise is compulsory or a central part or

requirement of the person’s religious tenets or beliefs.

(d) ‘‘Fraudulent claim’’ means a claim that is dishonest in fact or that

is made principally for a patently improper purpose, such as to harass the

opposing party.

(e) ‘‘Government’’ includes the executive, legislative and judicial

branches and any and all agencies, boards, commissions, departments,

districts, authorities or other entities, subdivisions or parts whatsoever of

state and local government as well as any person acting under color of

law.

(f) ‘‘Person’’ means any legal person or entity under the laws of the

state of Kansas and the laws of the United States.

Sec. 2. (a) Government shall not substantially burden a person’s civil

right to exercise of religion even if the burden results from a rule of

general applicability, unless such government demonstrates, by clear and

convincing evidence, that application of the burden to the person:

(1) Is in furtherance of a compelling governmental interest; and

(2) is the least restrictive means of furthering that compelling governmental

interest.

(b) A person whose exercise of religion has been burdened, or is

substantially likely to be burdened, in violation of this act, may assert such

violation as a claim or defense in a judicial proceeding. A court may grant

appropriate relief as may be necessary including:

(1) Injunctive relief;

(2) protective order;

(3) writ of mandamus or prohibition;

(4) declaratory relief;

(5) actual damages; or

(6) costs and attorney fees determined by the court.

© Any person found by a court of competent jurisdiction to have

abused the protection of this act by making a fraudulent claim may be

enjoined from filing further claims under this act without leave of court.

Sec. 3. In determining whether a compelling governmental interest

is sufficient to justify a substantial burden on a person’s exercise of religion

pursuant to section 2, and amendments thereto, only those interests

of the highest order and not otherwise served can overbalance the fundamental

right to the exercise of religion preserved by this act. In order

to prevail under the standard established pursuant to subsection (a) of

section 2, and amendments thereto, the government shall demonstrate

that such standard is satisfied through application of the asserted violation

of this act to the particular claimant whose sincere exercise of religion

has been burdened. The religious liberty interest protected by this act is

an independent liberty that occupies a preferred position, and no encroachments

upon this liberty shall be permitted, whether direct or indirect,

unless required by clear and compelling governmental interests of

the highest order.

Sec. 4. (a) Nothing in this act shall be construed to:

(1) Impair the fundamental right of every parent to control the care

and custody of such parent’s minor children, including, but not limitedHOUSE BILL No. 2203—page 2

to, control over education, discipline, religious and moral instruction,

health, medical care, welfare, place of habitation, counseling and psychological

and emotional well-being of such minor children as set forth in

the laws and constitution of the state of Kansas and of the United States;

(2) authorize any relationship, marital or otherwise, that would violate

section 16 of article 15 of the constitution of the state of Kansas;

(3) authorize the application or enforcement, in the courts of the state

of Kansas, of any law, rule, code or legal system other than the laws of

the state of Kansas and of the United States;

(4) limit any religious organization from receiving any funding or

other assistance from a government, or of any person to receive government

funding for a religious activity to the extent permitted by the laws

and constitution of the state of Kansas and of the United States; or

(5) protect actions or decisions to end the life of any adult or child,

born or unborn.

(b) Except as provided in subsection ©, this act applies to all government

action including, but not limited to, all state and local laws,

ordinances, rules, regulations and policies and to their implementation,

whether enacted or adopted before, on or after the effective date of this

act.

© This act shall not apply to penological rules and regulations, conditions

or policies established by a jail, correctional institution, juvenile

correctional facility or juvenile detention facility or an entity supervising

offenders in the community that are reasonably related to the safety and

security of incarcerated persons, staff, visitors, supervised offenders or

the public, or to maintenance of good order and discipline in any jail,

correctional institution, juvenile correctional facility or juvenile detention

facility.

Sec. 5. Sections 1 through 5, and amendments thereto, shall be

known and may be cited as the Kansas preservation of religious freedom

act.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.