Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, March 17, 2018

First Amendment Defense Act Permits Discrimination

From Human Rights Campaign:

HRC responded to a bill introduced by Sen. Mike Lee (R-UT), called the “First Amendment Defense Act” (FADA), which seeks to permit discrimination by individuals, many businesses, and non-profit organizations against same-sex couples, single parents and unmarried couples:

The bill, cosponsored by 21 Senate Republicans, would bar the federal government from ameliorating discrimination against same-sex couples, single parents, and unmarried couples when an entity evokes a sincerely-held religious belief or moral conviction. Under FADA, individuals, many businesses and non-profit organizations using taxpayer funds could openly violate non-discrimination policies or refuse to serve same-sex couples. As long as they claimed their actions are based on their belief about marriage, the government would have little recourse.

"The First Amendment Defense Act is harmful legislation that would legalize state-sanctioned discrimination and undermine key civil rights protections for LGBTQ people,” said David Stacy, HRC Government Affairs Director. “Supporters of this legislation are using religious liberty as a sword to hurt LGBTQ families rather than staying true to our long tradition of it serving as a shield to protect religious expression from government overreach."

Read more here.

http://lawprofessors.typepad.com/family_law/2018/03/first-amendment-defense-act-permits-discrimination.html

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