Written by Don Byrd
A religious objection bill proposed last month in Congress is gaining both support and controversy. Senate Bill 1598 (like its companion in the House, H.R. 2802), titled the First Amendment Defense Act, is a broad attempt to address potential conflicts between religious exercise and same-sex marriage rights.
The bill would, among other things, prohibit the federal government from revoking the tax exempt status, or otherwise assessing tax penalties for actions taken in accordance with religious objections to same-sex marriage. It would also bar the government from withholding any grant, license, certification, or a whole list of other benefits. (You can read the text of the bill here).
The proposal seems in part to have grown out of concerns expressed in the Supreme Court’s oral argument (in Obergefell) that granting same-sex marriage rights could jeopardize the tax-exempt status of institutions whose policies reflect religious beliefs that marriage should be between one man and one woman.
[The Baptist Joint Committee’s Brent Walker addressed those concerns: “Exploring the church-state side of the same-sex marriage cases.” See also the BJC’s Religious Liberty and Same-Sex Marriage resources.]
The First Amendment Defense Act currently has 36 Senate sponsors and 134 House sponsors, but is facing criticism from those concerned it lacks adequate nondiscrimination protections. Representative Charlie Dent (R-PA) has reportedly prepared an amendment to overhaul the bill, narrowing its focus, should it come to the floor.
Stay tuned.
