,,ii #aaeth ,,congress #b;d ,session ,s4 #bebe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #h1 #bjah,mr4 ,lee 7for himself1 ,mr4 ,rubio1 ,mr4 ,crapo1 ,mr4 ,hatch1 ,mr4 ,inhofe1 ,mr4 ,blunt1 ,mr4 ,risch1 ,mr4 ,wicker1 ,mr4 ,enzi1 ,mr4 ,johnson1 ,mr4 ,rounds1 ,mr4 ,barrasso1 ,mr4 ,sasse1 ,mr4 ,hoeven1 ,mr4 ,thune1 ,mr4 ,paul1 ,mr4 ,perdue1 ,mr4 ,scott1 ,mr4 ,cotton1 ,mr4 ,boozman1 ,mr4 ,cruz1 and ,mr4 ,moran7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure that the ,federal ,government shall not take any discriminatory action against a person1 wholly or partially on the basis that such person speaks1 or acts1 in accordance with a sincerely held religious belief or moral conviction that marriage is or should be recognized as a union of one man and one woman1 or two individuals as recognized under ,federal law1 or that sexual relations outside marriage are improper4 #a4 ,short title ,this ,act may be cited as the ,first ,amendment ,defense ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,leading legal scholars concur that conflicts between same-sex marriage and religious liberty are real and should be addressed through legislation4 7#b7 ,as ,president ,obama stated in response to the decision of the ,supreme ,court in ,united ,states v4 ,windsor1 #acc ,s4 ,ct4 #bfge 7#bjac71 ,americans hold a wide range of views on the issue of same-sex marriage1 and maintaining our ,nation's commitment to religious freedom is vital4 7#c7 ,nevertheless1 in #bjae1 when asked whether a religious school could lose its tax-exempt status for opposing same-sex marriage1 the ,solicitor ,general of the ,united ,states ,donald ,verrilli represented to the ,united ,states ,supreme ,court that it's certainly going to be an issue4 7#d7 ,protecting religious freedom from government intrusion is a government interest of the highest order4 ,legislation advances this interest by remedying1 deterring1 and preventing government interference with religious exercise in a way that complements the protections mandated by the ,first ,amendment to the ,constitution of the ,united ,states4 7#e7 ,laws that protect the free exercise of religious beliefs and moral convictions about marriage will encourage private citizens and institutions to demonstrate tolerance for those beliefs and convictions and therefore contribute to a more respectful1 diverse1 and peaceful society4 7#f7 ,in a pluralistic society1 in which people of good faith hold more than one view of marriage1 it is possible for the government to recognize same-sex marriage as required by the ,united ,states ,supreme ,court without forcing persons with sincerely held religious beliefs or moral convictions to the contrary to conform4 #c4 ,protection of the free exercise of religious beliefs and moral convictions 7a7 ,in general ,notwithstanding any other provision of law1 the ,federal ,government shall not take any discriminatory action against a person1 wholly or partially on the basis that such person speaks1 or acts1 in accordance with a sincerely held religious belief1 or moral conviction1 that-- 7#a7 marriage is or should be recognized as a union of-- 7,a7 one man and one woman2 or 7,b7 two individuals as recognized under ,federal law2 or 7#b7 sexual relations outside marriage are improper4 7b7 ,discriminatory action defined ,as used in subsection 7a71 a discriminatory action means any action taken by the ,federal ,government to-- 7#a7 alter in any way the ,federal tax treatment of1 or cause any tax1 penalty1 or payment to be assessed against1 or deny1 delay1 or revoke an exemption from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf of1 any person referred to in subsection 7a72 7#b7 disallow a deduction for ,federal tax purposes of any charitable contribution made to or by such person2 7#c7 withhold1 reduce the amount or funding for1 exclude1 terminate1 or otherwise make unavailable or deny1 any ,federal grant1 contract1 subcontract1 cooperative agreement1 guarantee1 loan1 scholarship1 license1 certification1 accreditation1 employment1 or other similar position or status from or to such person2 7#d7 withhold1 reduce1 exclude1 terminate1 or otherwise make unavailable or deny1 any entitlement or benefit under a ,federal benefit program1 including admission to1 equal treatment in1 or eligibility for a degree from an educational program1 from or to such person2 or 7#e7 withhold1 reduce1 exclude1 terminate1 or otherwise make unavailable or deny1 access or an entitlement to ,federal property1 facilities1 educational institutions1 speech fora 7including traditional1 limited1 and nonpublic fora71 or charitable fundraising campaigns from or to such person4 7c7 ,accreditation2 licensure2 certification ,the ,federal ,government shall consider accredited1 licensed1 or certified for purposes of ,federal law any person that would be accredited1 licensed1 or certified1 respectively1 for such purposes but for a determination against such person wholly or partially on the basis that the person speaks1 or acts1 in accordance with a sincerely held religious belief or moral conviction described in subsection 7a74 #d4 ,judicial relief 7a7 ,cause of action ,a person may assert an actual or threatened violation of this ,act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages1 injunctive relief1 declaratory relief1 or any other appropriate relief against the ,federal ,government4 ,standing to assert a claim or defense under this section shall be governed by the general rules of standing under article ,,iii of the ,constitution4 7b7 ,administrative remedies not required ,notwithstanding any other provision of law1 an action under this section may be commenced1 and relief may be granted1 in a district court of the ,united ,states without regard to whether the person commencing the action has sought or exhausted available administrative remedies4 7c7 ,attorneys' fees ,section #gbb7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7;b77 is amended by inserting the ,first ,amendment ,defense ,act1 after the ,religious ,land ,use and ,institutionalized ,persons ,act of #bjjj14 7d7 ,authority of ,united ,states ,to enforce this ,act ,the ,attorney ,general may bring an action for injunctive or declaratory relief against an independent establishment described in section #ajd7a7 of title #e1 ,united ,states ,code1 or an officer or employee of that independent establishment1 to enforce compliance with this ,act4 ,nothing in this subsection shall be construed to deny1 impair1 or otherwise affect any right or authority of the ,attorney ,general1 the ,united ,states1 or any agency1 officer1 or employee of the ,united ,states1 acting under any law other than this subsection1 to institute or intervene in any proceeding4 #e4 ,rules of construction 7a7 ,no preemption1 repeal1 or narrow construction ,nothing in this ,act shall be construed to preempt ,state law1 or repeal ,federal law1 that is equally or more protective of free exercise of religious beliefs and moral convictions4 ,nothing in this ,act shall be construed to narrow the meaning or application of any ,state or ,federal law protecting free exercise of religious beliefs and moral convictions4 7b7 ,no prevention of providing benefits or services ,nothing in this ,act shall be construed to prevent the ,federal ,government from providing1 either directly or through a person not seeking protection under this ,act1 any benefit or service authorized under ,federal law4 7c7 ,no affirmation or endorsement of views ,nothing in this ,act shall be construed to affirm or otherwise endorse a person's belief1 speech1 or action about marriage4 7d7 ,no impact on definition ,nothing in this ,act shall be construed to alter the definition of marriage for ,federal or ,state purposes4 7e7 ,severability ,if any provision of this ,act or any application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of the provision to any other person or circumstance shall not be affected4 #f4 ,definitions ,in this ,act3 7#a7 ,federal benefit program ,the term ,federal benefit program has the meaning given that term in section #eeb;a of title #e1 ,united ,states ,code4 7#b7 ,federal2 ,federal ,government ,the terms ,federal and ,federal ,government include-- 7,a7 any department1 commission1 board1 or other agency of the ,federal ,government2 7,b7 any officer1 employee1 or agent of the ,federal ,government2 and 7,c7 the ,district of ,columbia and all ,federal territories and possessions4 7#c7 ,person ,the term person means a person as defined in section #a of title #a1 ,united ,states ,code1 except that such term shall not include-- 7,a7 publicly traded for-profit entities2 7,b7 ,federal employees acting within the scope of their employment2 7,c7 ,federal for-profit contractors acting within the scope of their contract2 or 7,d7 hospitals1 clinics1 hospices1 nursing homes1 or other medical or residential custodial facilities with respect to visitation1 recognition of a designated representative for health care decisionmaking1 or refusal to provide medical treatment necessary to cure an illness or injury4