Marriage and Religious Freedom Act - Prohibits the federal government from taking an adverse action against a person on the basis that such person acts in accordance with a religious belief 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 "adverse action" as any federal government action to discriminate against such person, including: (1) denying or revoking certain tax exemptions or disallowing a deduction of any charitable contribution made to or by such person; (2) denying or excluding such person from receiving any federal grant, contract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status; or (3) denying or withholding any benefit under a federal benefit program.
Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial proceeding and to obtain compensatory damages or other appropriate relief against the federal government.
Authorizes the Attorney General (DOJ) to bring actions to enforce this Act.
Specifies that the term "person" includes any person regardless of religious affiliation, as well as corporations and other entities regardless of for-profit or nonprofit status.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3133
To prevent adverse treatment of any person on the basis of views held
with respect to marriage.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2013
Mr. Labrador (for himself, Mr. Pitts, Mrs. Hartzler, Mr. McIntyre, Mr.
Scalise, Mr. Franks of Arizona, Mr. Meadows, Mr. Fleming, Mr. Lipinski,
Mr. Garrett, Mr. Bridenstine, Mr. Daines, Mr. Boustany, Mrs. Bachmann,
Mrs. Wagner, Mr. Brady of Texas, Mr. Collins of New York, Mr. Pearce,
Mr. Walberg, Mrs. Black, Mr. Hultgren, Mr. Broun of Georgia, Mr.
Harper, Mr. Cassidy, Mr. Cramer, Mr. Aderholt, Mr. Mulvaney, Mr. Bishop
of Utah, Mr. Rokita, Mr. Sanford, Mr. Marino, Mr. Long, Mr. Graves of
Georgia, Mr. Sessions, Mr. Flores, Mr. Duncan of South Carolina, Mr.
Jordan, Mr. Weber of Texas, Mr. Huizenga of Michigan, Mr. Stutzman, Mr.
Kingston, Mr. LaMalfa, Mr. Salmon, Mr. Cotton, Mr. Kelly of
Pennsylvania, Mr. Fortenberry, Mr. Harris, Mr. Miller of Florida, Mr.
Bentivolio, Mr. Hall, Mr. Rogers of Alabama, Mr. Lamborn, Mr. Palazzo,
Mr. Rothfus, Mr. Roe of Tennessee, Mr. Chaffetz, Mr. Gohmert, Mr.
Stewart, Mr. Smith of New Jersey, Mr. Chabot, Mr. Southerland, Mr.
Jones, and Mrs. Lummis) introduced the following bill; which was
referred to the Committee on Oversight and Government Reform, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To prevent adverse treatment of any person on the basis of views held
with respect to marriage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marriage and Religious Freedom
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the United States Supreme Court on the Defense of Marriage Act
in 2013, ``Americans hold a wide range of views'' on the issue
of same-sex marriage, and ``maintaining our Nation's commitment
to religious freedom'' is ``vital''.
(3) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the United States Constitution.
(4) Laws that protect the free exercise of religious
beliefs about marriage will encourage private citizens and
institutions to demonstrate similar tolerance and therefore
contribute to a more respectful, diverse, and peaceful society.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS.
(a) In General.--The Federal Government shall not take an adverse
action against a person, on the basis that such person acts in
accordance with a religious belief that marriage is or should be
recognized as the union of one man and one woman, or that sexual
relations are properly reserved to such a marriage.
(b) Adverse Action Defined.--As used in subsection (a), an adverse
action means any action taken by the Federal Government--
(1) acting through the Administrator of the Internal
Revenue Service, to--
(A) deny or revoke an exemption from taxation under
section 501 of the Internal Revenue Code of 1986 of
such person; or
(B) disallow a deduction for Federal tax purposes
of any charitable contribution made to or by such
person;
(2) to deny or exclude such person from receiving any
Federal grant, contract, cooperative agreement, loan, license,
certification, accreditation, employment, or other similar
position or status;
(3) to deny or withhold from such person any benefit under
a Federal benefit program; or
(4) to otherwise discriminate against such person.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial proceeding
and obtain compensatory damages, injunctive relief, declaratory relief,
or any other appropriate relief against the Federal Government.
Standing to assert a claim or defense under this section shall be
governed by the general rules of standing under article III of the
Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``Marriage and Religious
Freedom Act,'' after ``the Religious Land Use and Institutionalized
Persons Act of 2000,''.
(c) Authority of United States To Enforce This Act.--The Attorney
General of the United States may bring an action for injunctive or
declaratory relief to enforce compliance with this Act. Nothing in this
subsection shall be construed to deny, impair, or otherwise affect any
right or authority of the Attorney General, the United States, or any
agency, officer, or employee of the United States, acting under any law
other than this subsection, to institute or intervene in any
proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious beliefs, to the maximum extent permitted
by the terms of this Act and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally as protective of religious beliefs as, or more
protective of religious beliefs than, this Act. Nothing in this Act
shall be considered to construe any State or Federal law protecting
religious beliefs more narrowly than such law otherwise would be
construed.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ``Federal Government''
includes a branch, department, agency, instrumentality, or
official of the United States.
(3) Person.--The term ``person'' has the meaning given such
term in section 1 of title 1, United States Code, and includes
any person regardless of religious affiliation or lack thereof,
and regardless of for-profit or nonprofit status.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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