H.R.2802 First Amendment Defense Act 114th Congress

New Post Public Reply Private Reply Replies (0) Message Board
PoemStone Godspeed #13328
H.R.2802
First Amendment Defense Act
114th Congress (2015-2016) | Get alerts

law-and-dailylife-header.jpg

First Amendment - U.S. Constitution
First Amendment - Religion and Expression

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances . - See more

Committees: House - Oversight and Government Reform; Ways and Means
Latest Action: 06/17/2015 Referred to House Ways and Means ( All Actions )

There is one version of the bill.

To prevent discriminatory treatment of any person on the basis of views held with respect to marriage.
IN THE HOUSE OF REPRESENTATIVES
June 17, 2015

Mr. Labrador (for himself, Mr. Collins of Georgia, Mr. Jones, Mr. Sessions, Mr. Duncan of South Carolina, Mrs. Hartzler, Mr. Cramer, Mr. Neugebauer, Mr. Pearce, Mr. Lamborn, Mr. Sam Johnson of Texas, Mr. Sanford, Mrs. Blackburn, Mr. Rothfus, Mr. Franks of Arizona, Mr. Mullin, Mr. Pompeo, Mr. Smith of Texas, Mr. Pittenger, Mr. Walberg, Mr. Jody B. Hice of Georgia, Mr. Marchant, Mr. Lipinski, Mr. Jordan, Mr. Palmer, Mr. Meadows, Mr. Allen, Mr. Huelskamp, Mr. Pitts, Mr. Graves of Georgia, Mr. Miller of Florida, Mr. Garrett, Mr. Fincher, Mr. Salmon, Mr. Westmoreland, Mr. Smith of New Jersey, Mr. Grothman, Mr. Harris, Mrs. Wagner, Mr. Weber of Texas, Mr. Fleming, Mr. Kelly of Pennsylvania, Mr. Babin, Mr. Yoho, Mr. Chaffetz, Mr. Fortenberry, Mr. Palazzo, Mr. Carter of Texas, Mr. Rouzer, Mrs. Black, Mr. Brat, Mr. Mooney of West Virginia, Mr. Gosar, Mr. Bishop of Utah, Mrs. Love, Mr. Gowdy, Mr. Aderholt, and Mr. Stewart) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL

To prevent discriminatory treatment of any person on the basis of views held with respect to marriage.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “First Amendment Defense Act”.

SEC. 2. Findings.

Congress finds the following:

(1) Leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be legislatively addressed.

(2) As the President stated in response to the decision of the Supreme Court on the Defense of Marriage Act in 2013, “Americans hold a wide range of views” on the issue of same-sex marriage, and “maintaining our Nation’s commitment to religious freedom” is “vital”.

(3) Nevertheless, in 2015, when asked whether a religious school could lose its tax-exempt status for opposing same-sex marriage, the Solicitor General of the United States represented to the United States Supreme Court that “ t’s certainly going to be an issue”.

(4) Protecting religious freedom from Government intrusion is a Government interest of the highest order. Legislatively enacted measures advance this interest by remedying, deterring, and preventing Government interference with religious exercise in a way that complements the protections mandated by the First Amendment to the Constitution of the United States.

(5) Laws that protect the free exercise of religious beliefs and moral convictions about marriage will encourage private citizens and institutions to demonstrate tolerance for those beliefs and convictions and therefore contribute to a more respectful, diverse, and peaceful society.

SEC. 3. Protection of the free exercise of religious beliefs and moral convictions.

(a) In general.—Notwithstanding any other provision of law, the Federal Government shall not take any discriminatory action against a person, wholly or partially on the basis that such person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.

(b) Discriminatory action defined.—As used in subsection (a), a discriminatory action means any action taken by the Federal Government to—

(1) alter in any way the Federal tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke an exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of, any person referred to in subsection (a);

(2) disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person;

(3) withhold, reduce, exclude, terminate, or otherwise deny any Federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or other similar position or status from or to such person;

(4) withhold, reduce, exclude, terminate, or otherwise deny any benefit under a Federal benefit program from or to such person; or

(5) otherwise discriminate against such person.

(c) Accreditation; licensure; certification.—The Federal Government shall consider accredited, licensed, or certified for purposes of Federal law any person that would be accredited, licensed, or certified, respectively, for such purposes but for a determination against such person wholly or partially on the basis that the person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.

SEC. 4. Judicial relief.

(a) Cause of action.—A person may assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief against the Federal Government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under Article III of the Constitution.

(b) Administrative remedies not required.—Notwithstanding any other provision of law, an action under this section may be commenced, and relief may be granted, in a United States district court without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(c) Attorneys’ fees.—Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting “the First Amendment Defense Act,” after “the Religious Land Use and Institutionalized Persons Act of 2000,”.

(d) Authority of United States To Enforce This Act.—The Attorney General may bring an action for injunctive or declaratory relief against an independent establishment described in section 104(1) of title 5, United States Code, or an officer or employee of that independent establishment, to enforce compliance with this Act. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding.

SEC. 5. Rules of construction.

(a) Broad construction.—This Act shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the terms of this Act and the Constitution.

(b) No preemption, repeal, or narrow construction.—Nothing in this Act shall be construed to preempt State law, or repeal Federal law, that is equally or more protective of free exercise of religious beliefs and moral convictions. Nothing in this Act shall be construed to narrow the meaning or application of any State or Federal law protecting free exercise of religious beliefs and moral convictions. Nothing in this Act shall be construed to prevent the Federal Government from providing, either directly or through a person not seeking protection under this Act, any benefit or service authorized under Federal law.

(c) Severability.—If any provision of this Act or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected.

SEC. 6. Definitions.

In this Act:

(1) FEDERAL BENEFIT PROGRAM.—The term “Federal benefit program” has the meaning given that term in section 552a of title 5, United States Code.

(2) FEDERAL GOVERNMENT.—The term “Federal Government” includes each authority of any branch of the Government of the United States.

(3) PERSON.—The term “person” means a person as defined in section 1 of title 1, United States Code, and includes any such person regardless of religious affiliation or lack thereof, and regardless of for-profit or nonprofit status.

First Amendment Defense Act

Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage.

Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to:

alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person;
disallow a deduction of any charitable contribution made to or by such person;
withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or
withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program.

Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction.

Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government.

Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation.

Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status.



Featured stocks: Coffee Shoppe
For conservative debate: "Keeping it Real"
Game Changing stock $SHMP

Scroll down for more posts ▼

Top 10 Most Recent News Articles

Bybit Unveils Platform Vision at HK FinTech Week

Updated Category News Views 52

Bybit's Strategic Participation at HK FinTech Week Here’s what’s got everyone buzzing: Bybit is stepping onto the big stage at the Hong Kong FinTech Week 2026. We're talking about the crème de la crème of fintech gatherings, where the sharpest minds of the financial world mingle, munch, and strategize under the buzzing neon of Hong Kong. Bybit's involvement is no...

Continue Reading
CashorTrade and Front Gate Unite for Ticket Resale

Updated Category News Views 29

Big News for Festival Enthusiasts Imagine the scene: you've snagged tickets to the hottest festival of the year—maybe Lollapalooza or Austin City Limits—but life throws a curveball, and you can't go. That's where CashorTrade and Front Gate Tickets come in, forming a dynamic duo for festival-goers who need to swap tickets at face value. It’s like a lifeline for every...

Continue Reading
The Sift: Slickdeals’ Game-Changing Black Friday Tool

Updated Category News Views 245

Revolutionizing Black Friday Planning Off we go, diving headfirst into the chaotic whirlpool that is Black Friday shopping. Slickdeals seems to think they’ve got the golden ticket with The Sift, and I can't say they're wrong. Instead of the traditional paper ad scans we've been sifting through since the dawn of time, The Sift brings all announced deals into one...

Continue Reading
Del Monte Faces Class Action Over Major Data Breach

Updated Category News Views 40

Data Breach Fallout Looms Over Del Monte Here's the scoop on Del Monte Foods facing what looks like a data breach debacle of epic proportions. Ransomware has hit the fan, and now folks are scrambling as Edelson Lechtzin LLP gears up to lay down some serious class action heat. From Cyber Shadows to Court Considerations This storm brewed on February 7, 2026. Del Monte’s...

Continue Reading
Emirates Wins 2026 Food Waste Award with Biodigester

Updated Category News Views 25

Award Goes to Emirates for Sustainable Innovations Here's a twist in the waste management narrative: Emirates Flight Catering (EKFC) snagged the Best Food Waste Initiative of the Year 2026 at none other than the Middle East Waste & Recycling Awards. It's no small feat to stand out in an arena that's buzzing with initiatives left and right. So, what's their secret weapon?...

Continue Reading
TDS and Array Set for Q3 Results Amid Market Curiosity

Updated Category News Views 30

The Anticipation Builds for TDS and Array's Q3 Results Financial markets are buzzing like a caffeine-fueled trading floor about the upcoming third quarter results from Telephone and Data Systems, Inc. (NYSE: TDS) and its partner in digital endeavors, Array Digital Infrastructure, Inc. (NYSE: AD). Set to go live with their numbers on November 6, 2026, these companies are...

Continue Reading
Lecanemab's New Data: What Investors Should Monitor

Updated Category News Views 71

Lecanemab: A Bold Step in Alzheimer's Treatment? Investors eyeing the biotech sector should pay close attention to the upcoming CTAD conference in 2026, where BioArctic AB's partner, Eisai, is set to present fresh data on lecanemab (Leqembi®). This isn't just another pharma front-page story—this is about potential breakthroughs in Alzheimer's treatment that's caught...

Continue Reading
Thai Wellness Shines at Global Summit in Phuket

Updated Category News Views 108

The New Face of Luxury: Healing and Wellness Thailand's gearing up for a spotlight moment on the global stage, and they're flaunting their wellness card at the upcoming Global Wellness Summit (GWS) 2026 in Phuket. From November 10-13, the world's wellness bigwigs will descend on this tropical locale to experience firsthand what Thailand’s calling 'Healing is the New...

Continue Reading
Tradier Brokerage Data Breach Sparks Legal Probe

Updated Category News Views 27

Data Breach Drama Hits Tradier Brokerage Picture a broker-dealer like Tradier Brokerage, out in Charlotte, getting its customers' details hanging out there for the world to see. A calamity, courtesy of a cyberattack on their third-party vendor, Etna Software Corp. And we're talking Social Security numbers, tax IDs—emails across Texas and Massachusetts were popping up...

Continue Reading
Sentral Expands: Fort Lauderdale & San Diego Additions

Updated Category News Views 173

Sentral's Strategic Leap into New Markets Ever heard of a company spreading its wings like wildfire? That’s Sentral for you, crashing into Fort Lauderdale and pushing deeper roots in San Diego. We’re not talking minor plays here—these two fresh additions make Sentral a resident-giant stretched across 22 markets. Seems like they’re on a mission to ink their mark...

Continue Reading

Top 5 Most Recently Viewed Articles

Ecolab's Strong Q3 Earnings Boosts Growth Expectations

Updated Category News Views 81

Introduction Ecolab Inc. (NYSE: ECL), a global frontrunner in water, hygiene, and infection prevention solutions, reported impressive growth during its third quarter earnings call. The company's adjusted earnings soared by 19%, largely fueled by a 4% increase in organic sales and a 2% rise in volume growth. This stellar performance reflects significant improvements across...

Continue Reading
Torr Metals Enhances Kolos Project with Bertha Property Acquisition

Updated Category News Views 229

Expansion of Kolos Project: Bertha Property Acquisition Torr Metals Inc. is excited to announce a major milestone in its exploration efforts by signing an option agreement to acquire 100% of the Bertha Property. This strategic location expands the Kolos Project significantly, allowing Torr to tap into rich mineral potential, particularly in copper and gold. Strategic...

Continue Reading
Mouser Electronics Shines as Top Global Distributor in 2024

Updated Category News Views 143

Mouser Electronics Recognized as Top Global Distributor Mouser Electronics, Inc., a leader in distributing electronic components and industrial automation products, has been awarded the prestigious title of Global High Service Distributor of the Year for 2024 by Samtec. The announcement highlights Mouser's exemplary service and rapid delivery capabilities, positioning the...

Continue Reading
Steel Partners and Camac Partners Aim to Acquire TuSimple Shares

Updated Category News Views 141

Steel Partners and Camac Partners Propose Acquisition of TuSimple In an ambitious move, Steel Partners Holdings L.P. and Camac Partners LLC are looking to acquire TuSimple Holdings Inc. The proposal involves buying all outstanding shares of Class A and Class B common stock from existing shareholders for a price of $0.46 per share. This acquisition plan was disclosed in a...

Continue Reading
Empowering Women: The Triumph of the Latinas in Leadership Initiative

Updated Category News Views 356

Empowerment Through Leadership: A Gripping Symposium The 22nd Annual Latinas & Power Symposium brought excitement and inspiration, uniting 700 Latina professionals, entrepreneurs, and high school students. With remarkable stories of strength and resilience, the event raised $52,000 for the Latinas in Leadership Institute, also known as LiLi, enriching the lives of many...

Continue Reading