Pastor Memorandum: The federal First Amendment Defense Act (FADA) was introduced by Sen. Mike Lee (R-UT) (S 1598) and Rep. Raul Labrador (R-ID) (HR 2802), and is co-sponsored by every member of Georgia’s Republican delegation in the U.S. House and the U.S. Senate. It was introduced as a measured response to the U.S. Supreme Court’s ruling in Obergefell which gave same-sex couples the right to marry in the United States. The legislation was specifically written to protect religious citizens, along with their organizations and businesses, so that they can continue to live their daily lives according to their religious faith and moral convictions that marriage is only reserved for one man and one woman without fear of adverse government action.
Download the rest of the Pastor Memorandum from Public Affairs Representative Mike Griffin
Summary: H.R.2802 — 114th Congress (2015-2016)
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.