Republicans in the House of Representatives are trying another path to protect religious liberty from assault by introducing an amendment to the deceptively named Respect For Marriage Act (RFMA) that would add legal protections for those who believe in traditional marriage.
The current RFMA reaches beyond the Supreme Court’s Obergefell v. Hodges decision to make a private right of action for anyone who wants to sue Americans opposed to same-sex marriage. It also allows the Department of Justice, which faces severe scrutiny for politicization under Attorney General Merrick Garland, to go after religious Americans for their beliefs about marriage.
If Roy’s amendment passes the House, it will explicitly prohibit the federal government from taking “any discriminatory action against a person, wholly or partially on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction” that marriage is between one man and woman. The amendment also would give Americans’ who are targeted by the government for their beliefs about marriage a right to sue.