First Amendment Defense Act

The First Amendment Defense Act (often abbreviated FADA) (H.R. 2802) is a bill introduced into the United States House of Representatives and United States Senate on June 17, 2015. The Senate sponsor of the bill is Mike Lee (R-Utah), and the House sponsor is Raul Labrador (R-Idaho). The bill aims to protect those who oppose same-sex marriage based on their religious beliefs from action by the federal government.

Provisions

The bill provides that 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." The bill defines "person" to include for-profit companies, and "discriminatory action" to include "revocation of tax-exempt status, grants, loans, benefits, or employment."

Timeline

The FADA was introduced into both the House and Senate on the same day (June 17, 2015), by Mike Lee and Raul Labrador. As of July 17, the House version had 124 co-sponsors, and the Senate version 34. Also as of that date, the House bill had not been considered by either of the two committees it had been referred to.

Support

When asked by Heritage Action, FRC Action, and the American Principles Project if they would pass the bill in their first 100 days in office, three of the top four Republican presidential candidates in the 2016 election said they would, the exception being Donald Trump. It was also supported by the Family Research Council, the American Family Association, and the Liberty Counsel, among other groups, shortly after it was introduced.

Opposition

On July 21, 2015, the Los Angeles Times editorial board wrote that FADA was "unnecessary and could allow discrimination against gays and lesbians." Later that year, Walter Olson of the Cato Institute wrote in Newsweek that the bill does not "try to distinguish rights from frills and privileges," and also criticized it for only protecting those who opposed same-sex marriage, not those who supported same-sex marriage or cohabitation or non-marital sex. It has also been criticized by Ian S. Thompson, legislative director for the American Civil Liberties Union, who claimed that it would, if passed, "open the door to unprecedented taxpayer-funded discrimination against LGBT people, single mothers, and unmarried couples."

State versions

A version of the FADA was introduced in Georgia on January 21, 2016, by Greg Kirk, a Republican state senator. The bill would, if passed, protect government employees who do not want to issue marriage licenses to same-sex couples because they object to the practice for religious reasons. Kirk cited Kentucky county clerk Kim Davis as an example of the people who would be affected by the law. This bill was passed by the Georgia State Senate on February 19. The bill has been sent to the State House for consideration.