February 22, 2016, Atlanta, GA … The Anti-Defamation League (ADL) expressed profound disappointment at Senate passage of the so-called “First Amendment Defense Act” and urged Speaker Ralston and the Georgia House to reject this ill-advised bill.  HB757 would give Georgians a license to discriminate in a myriad of contexts based on their religious or moral opposition to same-sex marriage or sexual relations outside of opposite-sex marriage.  The proposed legislation is both morally offensive and likely unlawful.

ADL Southeast Regional Director, Mark Moskowitz, issued the following statement:

Georgians have every reason to be embarrassed and ashamed that their legislature is even considering the so-called “First Amendment Defense Act.”  Rather than defending constitutional rights, this offensive legislation would provide a license to discriminate.  The House must stop this bill in its tracks before more harm is done.

We are staunch advocates for First Amendment rights, including freedom of religion and speech.  But these freedoms are not absolute.  For our pluralistic democracy to function, our Constitution recognizes that individual rights in certain contexts must be balanced with the rights of others.  HB 757, however, provides some with absolute protection to violate the rights of others.  In America, government cannot sanction or fund discrimination.  So passage of this bill would not only send a highly offensive message, but also needlessly squander valuable state resources defending the indefensible.

Although directed at our State’s LGBT community, HB 757 also could be used to discriminate against others.  For instance, a public employee would be entitled to harass a co-worker because she is in a same-sex marriage or having sexual relations outside of marriage, and a public school teacher or student could harass another student because his parents are of the same sex or her mother is divorced and in a relationship.

The proposal’s preference for one viewpoint runs afoul of the First Amendment and directly conflicts with federal anti-discrimination laws, including the 1964 Civil Rights Act. ADL believes it would be unlikely to survive a court test.  The House should spare us that spectacle and just derail it now.