By Michael Fox
In anticipation of the re-introduction of HB 2802 -the so-called First Amendment Defense Act (FADA)- in the 115th Congress, and with President Trump already pledging to sign FADA if it reaches his desk, we feel the need to analyze and outline the sweeping harms that could befall lesbian, gay, bisexual, and transgender (LGBT) people, women, and other communities if it were enacted.
The 2015 version of FADA, HB 2802 (Labrador-R), would create a sweeping license to discriminate, permitting companies and nonprofit organizations that receive federal funding and even federal government workers to legally discriminate against their employees, customers, and clients. The 2015 version of FADA would prevent the federal government from taking action against certain individuals or organizations that act based on a religious belief or moral conviction that “marriage is a union of one man and one woman, or that sexual relations are properly reserved to such a marriage.” In short, this bill endorses a single, narrow religious viewpoint and would provide a widespread, national license to discriminate based on that viewpoint.
“The freedom of religion is one of our nation’s most fundamental values, which is why it’s already protected in the First Amendment of the U.S. Constitution,” said Ineke Mushovic, executive director of MAP. “But that freedom doesn’t give any of us the right to impose our beliefs on others, or to discriminate. It’s shocking that in this day and age we are still trying to pass laws to make it legal to discriminate against people, fire them, or turn them away from a business simply because of who they are.”
“President Trump and his fellow opponents of equality claim to support religious freedom, but FADA is proof that instead, they want to impose a narrow view of marriage and family on others,” said Laura E. Durso, Vice President of the LGBT Research and Communications Project at the Center for American Progress. “Instead of a respecting freedom of belief, FADA’s proponents would privilege their beliefs over others and disregard the validity of faith traditions that embrace equality. They are out-of-step with the beliefs held by many in the faith community and with the American public’s views on marriage and individual liberty.”
FADA’s broad exemptions and vague wording could permit legal discrimination against Americans who do not conform to the narrow religious viewpoint about marriage. For example, a federal contractor could fire a gay employee and still keep their federal contract, a social service provider could keep a child in a foster home rather than placing them with a loving lesbian couple and maintain their federal funding, or a health clinic could deny unmarried adults reproductive health services and continue to receive federal reimbursements for care. The potential impact of this legislation is staggering. In the United States, there are 1.8 million unmarried couples raising three million children; 11.8 million parents raising children on their own; 14.1 million unmarried people living with a partner; 10 million LGBT people; 1.5 million people in same-sex marriages; and more than 128 million people who are not currently married -all of whom could face discrimination under this law.
This bill could also result in costly lawsuits at taxpayer expense. FADA would permit individuals and companies to discriminate based on specific beliefs or characteristics, yet the Constitution clearly prohibits these kinds of laws based on the Equal Protection and Due Process clauses. Not only would this open the floodgates to lawsuits challenging state laws that prohibit discrimination and asking the courts to define how broadly FADA can be applied, the law would also face considerable challenges to its constitutionality.
If a new version of FADA is introduced this year, it will also face challenges in the court of public opinion. Strong public reaction shouldn’t be surprising given that a 2016 survey by the Public Religions Research Institute (PRRI) found that 72% of Americans support laws that protect LGBT from this discrimination in employment, housing, and public accommodation. Additionally, a March 2017 PRRI poll found that two-thirds (66%) of small businesses said business owners shouldn’t be able to deny goods or services to someone who is lesbian, gay, bisexual, or transgender based on the owner’s religious beliefs. Yet, similar bills have been introduced in states across the country and are making their way through legislatures in Arkansas, Illinois, Michigan, Oklahoma, Texas, Washington, and Wyoming.
If you’re worried, there is something you can do. Call your congressperson. Elected officials need to hear from their constituents that discrimination is wrong, even under this pretense of First Amendment protections. There’s a real chance at defeating this legislation if we send a clear message to Congress. We encourage people to share their stories about how this proposed legislation might impact them as much as possible. The power of storytelling at this moment in time might be our most effective way to convey that laws like FADA would impact our lives in significant ways.
Want to contact Colorado’s congressional delegates to make your voice heard about what’s happening in Washington? Here’s how:
U.S. (D) SEN. MICHAEL BENNET
Bennet’s office says the most efficient way to reach out to his office is by filling out a short form on the senator’s website, which can be visited at https://www.bennet.senate.gov/?p=help_with_the_government. Constituents who want to talk to someone immediately can call 303-455-7600, though Bennet’s office warns that when its lines are full, it will be necessary to leave a voicemail.
U.S. (R) SEN. CORY GARDNER
Denver Office: 303-391-5777, Washington Office: 202-224-5941. A list of phone numbers for Cory Gardner’s staff members and his nine offices, as well as an option to send an e-mail, is available at https://www.gardner.senate.gov/.
U.S. REP. JARED POLIS, D-BOULDER
To contact Polis, you can e-mail him at Jared.Polis@mail.house.gov or call his Washington office at 202-225-2161. You can also reach his staffers by calling his Boulder office at 303-484-9596, or his Fort Collins office at 970-226-1239.
U.S. REP. KEN BUCK, R-GREELEY
Buck’s office in Washington can be reached by calling 202-225-4676. Constituents can also visit the congressman’s website at buck.house.gov to send him an e-mail.
U.S. REP. ED PERLMUTTER, D-JEFFERSON COUNTY
To contact Perlmutter, visit https://perlmutter.house.gov/forms/writeyourrep/ or calling his district office in Lakewood at 303-274-7944.
U.S. REP. SCOTT TIPTON, R-CORTEZ
Congressman Tipton can be reached through his website, www.tipton.house.gov/contact-me, or by calling 202-225-4761.
U.S. REP. MIKE COFFMAN, R-AURORA
Coffman has a dedicated webpage for constituents seeking to reach out to his office, which can be visited at https://coffmanforms.house.gov/contact/. The page allows users to send an e-mail or request a meeting. Reach Coffman’s Washington office at 202-225-7882 or his Aurora office at 720-748-7514.
U.S. REP. DOUG LAMBORN, R-COLORADO SPRING
Lamborn’s website has a dedicated webpage for those seeking to get in touch, which includes phone numbers for his offices in Washington, Colorado Springs and Buena Vista. It can be visited at: http://lamborn.house.gov/contact/. To request a meeting with Lamborn or a staffer, constituents can call his Colorado Springs office at 719-520-0055.
U.S. REP. DIANA DeGETTE, D-DENVER
DeGette’s Denver office can be reached at 303-844-4988. Her website, https://degette.house.gov/contact, also provides ways to send her an e-mail or request a meeting.
The only way to ensure our rights is to be involved. Not everyone can run for a local office or seat in congress, but we can make a difference by calling, emailing, attending town hall meetings. Be involved and hold your elected officials accountable!
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