First Amendment Defense Act

Overview

• Introduced in the Senate as SB 1598, by Sen. Mike Lee
  Referred to the Senate Judiciary Committee
  
  
• Introduced in the House as HR 2802, by Rep. Raúl Labrador
  Referred to Committees on Oversight & Government Reform, Ways & Means
  
  

The First Amendment Defense Act (FADA) would clarify that the First Amendment prohibits the government from denying or revoking tax-exempt status or denying contracts, licenses, or grants, to any individual or organization because they hold to the belief that marriage is between one man and one woman.


The U.S. Solicitor General gave the following testimony during the Supreme Court hearings in the Obergefell v. Hodges case:

WILL COLLEGES LOSE TAX-EXEMPT STATUS IF THEY BELIEVE MARRIAGE IS BETWEEN 1 MAN & 1 WOMAN?
“It’s certainly going to be an issue. I--—I don’t deny that.  I don’t deny that, Justice Alito. It is—--it is going to be an issue.”
- U.S. SOLICITOR GENERAL DONALD VERRILI

​The First Amendment Defense Act would prevent this scenario, as well as many others, from happening.  While it is disappointing that these common-sense protections must be specifically spelled out in legislation, it is time to act quickly and decisively to protect our constitutional rights.  As Senator Lee writes:

“In light of the Supreme Court decision, Congress must move swiftly to pass the First Amendment Defense Act and clarify in federal law what five justices left ambiguous in their legal opinion: that the right to form and to follow one’s religious beliefs is the bedrock of human dignity and liberty that must be forcefully defended from government interference.”

- U.S. SENATOR MIKE LEE, WRITING IN  THE DAILY SIGNAL, JUNE 29, 2015