The First Amendment Defense Act
June 21st, 2017
Discriminatory legislation like the First Amendment Defense Act violates equal protection laws.
The First Amendment Defense Act is proposed legislation that has encountered several obstacles in the course of the Act’s attempt to become a bill. The First Amendment Defense Act prohibits the federal government from taking any type of action against an individual or corporation that discriminates against LGBTQ individuals. More specifically, the First Amendment Defense Act is designed to protect individuals and corporations that refuse to service LGBTQ individuals on the basis of beliefs that either marriage should only be the union between one man and one woman or that sexual relations are properly reserved to relationships between one man and one woman. After a failed previous effort to become law, there is a significant likelihood that the First Amendment Defense Act will soon find support in the federal government.
The Future of the First Amendment Defense Act
The First Amendment Defense Act was first filed in the House and Senate in 2015, but was quickly met with protests from various political parties. Recently, several senators have announced a plan to reintroduce the First Amendment Defense Act. Many individuals believe that the First Amendment Defense Act is likely to succeed this time due to a Republican-controlled House and the support of President Trump. There has been significant opposition to the First Amendment Defense Act by individuals who claim that Equal Protection laws as well as the Establishment clause deem it unlawul. The Equal Protection clause is part of the Fourteenth Amendment to the United States and states that no state is permitted to deny any individual within the state’s jurisdiction the equal protection of the law. The Establishment Clause is part of the First Amendment of the United States Constitution and prohibits the establishment of religion by Congress. Individuals argue that the First Amendment Defense Act violates law by raising one type of religious perspective higher than other religious and moral beliefs.
The Effect of the First Amendment Defense on LGBTQ Rights
The First Amendment Defense Act has the significant potential to reduce several rights recently granted to LGBTQ individuals. While same sex married couples are now entitled to federal spousal benefits, the First Amendment Defense Act could let corporations deny same-sex married couple spousal benefits. The First Amendment Defense Act would also allow the federal government to continue to contract with businesses that have records of discriminatory employment practices. Also, the Department of Housing and Urban Development has recently issued guidance that shelters receiving HUD grants must not discriminate against same-sex married couples, but an organization or corporation could cite the First Amendment Defense Act and use a religious belief to eject same-sex couples. Landlords could also use the First Amendment Defense Act to violate fair housing laws by refusing housing to a single mother or same-sex couples because the landlord believes that sexual relations should only exist between heterosexual married couples.
The Purpose of the Universal Life Church
The Universal Life Church’s blog is designed to update readers about the various developments made concerning LGBTQ law including the First Amendment Defense Act.
