"FADA" Freedom against Discrimination

  

 Giving anyone the RIGHT to DISCRIMINATE based on

  SEXUAL ORIENTATION {LGBTQ PEOPLE} 

David Moorman

01/24/2017

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Below is the legislation introduced in 2015 that the GOP and the RADICAL "EVANGELICAL" CHRISTIAN's have been PUSHING so hard to get passed. The ONLY purpose of this BILL is to DISCRIMINATE against the LGBTQ COMMUNITY. Basically they are pushing for legislation to Go AGAINST the 1st and 14th Amendments to the Constitution of the USA.

The RELIGIOUS RIGHT is calling it "RELIGIOUS FREEDOM ACT" which is DECEPTIVE because we already have a "RELIGIOUS FREEDOM ACT"; It's called "THE FIRST AMENDMENT" of the CONSTITUTION of the USA. Let's look at what that FIRST AMENDMENT is all about.

About the First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
— The First Amendment to the U.S. Constitution

• First Amendment timeline

The First Amendment was written because at America’s inception, citizens demanded a guarantee of their basic freedoms.

Our blueprint for personal freedom and the hallmark of an open society, the First Amendment protects freedom of speech, press, religion, assembly and petition.

Without the First Amendment, religious minorities could be persecuted, the government might well establish a national religion, protesters could be silenced, the press could not criticize government, and citizens could not mobilize for social change.

When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain the essential freedoms now outlined in the Bill of Rights, because many of the Framers viewed their inclusion as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were articulated in the 45 words written by James Madison that we have come to know as the First Amendment.

The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.

The First Amendment ensures that “if there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or force citizens to confess by word or act their faith therein,” as Justice Robert Jackson wrote in the 1943 case West Virginia v. Barnette.

And as Justice William Brennan wrote in New York Times Co. v. Sullivan in 1964, the First Amendment provides that “debate on public issues … [should be] … uninhibited, robust, and wide-open.”

However, Americans vigorously dispute the application of the First Amendment.

Most people believe in the right to free speech, but debate whether it should cover flag-burning, hard-core rap and heavy-metal lyrics, tobacco advertising, hate speech, pornography, nude dancing, solicitation and various forms of symbolic speech. Many would agree to limiting some forms of free expression, as seen in the First Amendment Center’s State of the First Amendment survey reports.

Most people, at some level, recognize the necessity of religious liberty and toleration, but some balk when a religious tenet of a minority religion conflicts with a generally applicable law or with their own religious faith. Many Americans see the need to separate the state from the church to some extent, but decry the banning of school-sponsored prayer from public schools and the removal of the Ten Commandments from public buildings.

Further, courts wrestle daily with First Amendment controversies and constitutional clashes, as evidenced by the free-press vs. fair-trial debate and the dilemma of First Amendment liberty principles vs. the equality values of the 14th Amendment.

Such difficulties are the price of freedom of speech and religion in a tolerant, open society.

Knowing the EQUAL PROTECTION CLAUSE

Lets look at the EQUAL Protection found in the Constitution of the USA. That would be the 14th Amendment with all its added Clauses. For this piece let's just focus on Equal Protections and Civil Rights.

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. Many view it as the attempt to uphold the professed “all men are created equal” clause written in the Constitution. The Equal protection law implies that no State has the right to deny anyone within jurisdiction equal protection of the law.

The implementation of the Equal Protection Clause marked a pivotal point in the American Constitution. Before the Equal Protection Clause (part of the Fourteenth Amendment), the Bill of Rights was only limited to the protection of individuals from the Federal Government. 

Once the Fourteenth Amendment was enacted, the Constitution was extended to provide protection from State governments. 

The Fourteenth Amendment was implemented in 1868, a short time after the American Civil War. It preceded the Thirteenth Amendment which abolished slavery, leading many former Confederate states to adopt Black Codes after the Civil War.To combat the list of Black Codes enacted in Southern states, Congress imposed the Civil Rights Act of 1866.

This Act was a direct effect of the U.S. Supreme Court decision in the Dred Scott v. Sanford case. The law required that all citizen regardless of race and color have the equal benefits of all laws, as enjoyed by white citizens. The doubts that arose with the law under the Constitution that was in existence then lead Congress to implement changes to the Constitution, which became known as the Equal Protection Clause of the Fourteenth Amendment. 

In order to ensure the fair practice of the Equal Protection Clause, the U.S. Supreme Court decided to apply different tests to the different State classifications and its response to fundamental rights. Usually the Court finds a State classification Constitutional as long as it has a “rational basis” to a “legitimate state purpose”. The U.S. Supreme Court, however, established a firmer sense of analysis to certain cases. 

To measure the form of equal protection it will scrutinize any distinction when it encounters suspect classifications. When the Supreme Court orders a classification subject to scrutiny, it must have substance that a State law or the State’s administration holds intentions to discriminate. If any intent of a State law provides discrimination, the U.S. Supreme Court further analyzes the basis of race, national origin and in some cases U.S. citizenship. In order for a classification to pass a U.S. Supreme test, the State must prove that that there is an imperative interest to the law and the classification is needed to further its interest. The U.S. Supreme Court will also apply strict scrutiny if any classification interferes with the fundamental rights, such as the First Amendment, the right to travel, or a persons right to privacy.

The Equal Protection Clause was implemented to ensure the fair treatment of all legal citizens of the United States. All states must comply with the rulings of the Supreme Court, which continuously reviews the laws applied by each State to ensure it is following guidelines of fair practice and treatment.

Equal Protection

Overview

The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the laws.  This means that a state must treat an individual in the same manner as others in similar conditions and circumstances.  The Federal Government must do the same, but this is required by the Fifth Amendment Due Process.

The point of the equal protection clause is to force a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.  Thus, the equal protection clause is crucial to the protection of civil rights. Read the rest of this article, here.

 

Civil Rights

civil rights: an overview

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, and assembly; the right to vote; freedom from involuntary servitude; and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Various jurisdictions have enacted statutes to prevent discrimination based on a person's race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation. 

Read the rest of the Civil Rights Article, here. 


So now that you have had a short lession on the Amendments being attacked by "FADA", better known as First Amendment Defense Act, I want you to take the time to read and think about the MEANING of this Legislation to form your own opinion. You will better understand this "FADA" now that you have a better understanding of the 1st and 14th Amendments.

First Amendment Defense Act

Introduced in House (06/17/2015)

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.

No matter how you at it this piece of legislation is just WRONG. It is so sad to me that in this day and time we are still having to fight for our rights JUST TO BE HUMAN like God created us to be.

You better leave the LGBTQ COMMUNITY will STAND UP together and fight every piece of  HATEFUL Legislation thrown out the next four years.


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"First Amendment Defense Act" information from Congress.gov

 About the First Amendment information from First Amendment Center.org

Knowing the Equal Protection Clause information from LAWS.com