4 things to know about the Respect for Marriage Act
1. Protects explicitly faith-based organizations
Sen. Tammy Baldwin, D-Wis., the bill's sponsor, unveiled an amendment on Nov. 15 designed to address social conservatives' concerns about religious liberty. The Senate voted 61-35 Monday to overcome the filibuster and end the debate on the amendment.
The amendment, outlined in Section 6 of the legislation, declares that "Nothing in this Act, or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or federal law."
"Nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage."
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Additionally, the amendment states, "Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action."
By contrast, those not covered by the language outlined in Section 6 could find themselves subject to "a civil action in the appropriate United States district court" if they deny "a right or claim arising" from a same-sex marriage.
Section 7 asserts: "Nothing in this Act, or any amendment made by this Act, shall be construed to deny or alter any benefit, status, or right of an otherwise eligible entity or person, including tax-exempt status, tax treatment, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense, provided such benefit, status, or right does not arise from a marriage."
Some religious freedom advocates maintain the bill's religious freedom protections do not go far enough to protect the conscience rights of Christian business owners who don't operate in explicitly faith-based or religious industries.
The Christian conservative law firm Liberty Counsel warned in a statement that "this bill will not protect the religious beliefs of people like the Christian website designer with 303 Creative," Lorie Smith, whose case against Colorado's anti-discrimination law requiring businesses that offer wedding website services to create websites advertising same-sex weddings will be heard by the U.S. Supreme Court.
Liberty Counsel contends that the Respect for Marriage Act "will overturn any victory from that case, and [Smith] will be forced to create websites celebrating same-sex marriage."
Prominent evangelist Franklin Graham also believes that "this bill strikes a blow at religious freedom for ministries and individuals."
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
