First Amendment Defense Act Would Be 'Devastating' for LGBTQ Americans

[TomCADem]

Source: NBC News

Earlier this month, Senator Ted Cruz of Texas and Senator Mike Lee of Utah, through his spokesperson, told Buzzfeed they plan to reintroduce an embattled bill that barely gained a House hearing in 2015. But this time around, they said, the First Amendment Defense Act (FADA) was likely to succeed due to a Republican-controlled House and the backing of President-elect Donald Trump.

FADA would prohibit the federal government from taking "discriminatory action" against any business or person that discriminates against LGBTQ people. The act distinctly aims to protect the right of all entities to refuse service to LGBTQ people based on two sets of beliefs: &quot 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."

Ironically, the language of the bill positions the right to discriminate against one class of Americans as a "first amendment" right, and bans the government from taking any form of action to curb such discrimination—including withholding federal funds from institutions that discriminate. FADA allows allows individuals and businesses to sue the federal government for interfering in their right to discriminate against LGBTQ people and would mandate the Attorney General defend the businesses.

* * *
Jennifer Pizer, Law and Policy Director at Lambda Legal, told NBC Out FADA "invites widespread, devastating discrimination against LGBT people" and is a deeply unconstitutional bill.

Read more: http://www.msn.com/en-us/news/politics/first-amendment-defense-act-would-be-devastating-for-lgbtq-americans/ar-BBxo1vE

[TreasonousBastard]

1. This must be stopped.

[littlemissmartypants]

2. Bastards. Pure Evil. eom

[yeoman6987]

11. A Latino doing this bill? Disappointing to say the least.

[atreides1]

25. Who Cruz?

Cruz is a conservative, white, evangelical xtian, don't let his last name fool you!

[yeoman6987]

31. He's still a Latino. And should be ashamed of himself

The only good in anything is he is hated in trump world as far as supporters so hopefully in November 2018 he loses election or better he loses primary.

[Wabbajack_]

41. Right Wing

Latinos tend to loathe gay people. There are plenty of wingnuts of all ethnicities, I don't see why you would be especially disappointed in Cruz. He's the most right wing Senator, other than maybe his buddy, Lee.

[Freethinker65]

3. Fucking Dan Lipinski

[geek tragedy]

36. why haven't they successfully primaried that snake yet? nt

[Wabbajack_]

40. Chicago

The machine gets what the machine wants.

They keep him from even getting a primary opponent, cause he would for sure lose to a decent one.

[Spitfire of ATJ]

4. Lets expand this to include blacks and Mexicans and Jews and women....

Maybe that'll get people's attention.

[Feeling the Bern]

7. nope, here's why. Black, Mexicans, Jews and Women aren't white Christian Straight Men

[Behind the Aegis]

14. BINGO!

[Crash2Parties]

5. In the past we weren't granted special status because they said there was a lack of animus.

Now we're so far past the point of any doubt, and the SCOTUS will simply say that religious liberty Trumps things like sex, sexuality & gender identity.

[LisiFFXV]

6. Unconstitutional on face

It would be struck down by the courts immediately. Clear 14th amendment equal protection violation. Colorado already tried a version of this and SCOTUS struck it down.

Not saying the fools won't try it, but it will be short lived.

[33taw]

9. When the democrats lost the election, they lost the Supreme Court for forty years.

Do not expect this to be ruled unconstitutional for many decades.

[LisiFFXV]

12. The lower courts

Are compelled to adhere to SCOTUS precedent. They will strike it down. Trump may control the SCOTUS, but the district and appellate courts will maintain for many years. Yes, their ruling will be appealed to the SCOTUS, and they will duck the issue by refusing certiorari and simply let the lower court's rulings stand.

Targeting LGBT people is now a losing issue, even among uneducated whites. The vast majority of whites under age 30 of all socioeconomic backgrounds are firmly in favor of LGBT rights. They aren't going to restart this war with a rapidly expanding demographic that would be opposed to them. (Ironically, the demographic that is most against LGBT rights is currently African Americans... and Trump et al are not trying to cater to them.)

This act will be for show for the 40+ year old white Trump demographic to show how fascist they are... but the repubs in congress are smart enough to know the district courts will strike it down and it will be history after that. (I really doubt they will even pass it, but if they were to, all the JD holders in congress are smart enough to know its fate in the courts.)

[Bohunk68]

22. You do realize that there are a considerable number of

vacancies on lower courts throughout the land because the Congress has not acted? Orange Caligula will fill those vacancies and the Rethuglican Senate will approve EACH AND EVERY ONE.

[JudyM]

38. Yes, they've not approved Obama's lower court nominations and Reid didn't do a thing about it.

[iluvtennis]

15. Good to know. Can't beleive these asshats are doing this, but that's what MAGA meant...

..take America back to the 50's. GAH

[Solly Mack]

8. I don't know how to express the loathing I feel for anyone - anyone - that would

sacrifice the rights of anyone, more especially the hard fought for rights of the historically oppressed, for any reason. Whether it be hate cloaked in the mantle of religion or political expediency, if you can speak of the loss of rights of others as merely a setback or an unavoidable compromise for some far away, never to be obtained, promise of what-the-fuck-ever, then you are a piece of shit. You're a sad sack walking about in human flesh, safe and comfortable in your own protected status, knowing that your rights will never be the target of ignorance and hate.

From that lofty perch, it is so easy to speak of the rights of others as bargaining chips. So easy to be dismissive of the lives that will be shattered. So easy to mock the fears and concerns of those most affected by the hate at the core of any legislation meant to strip groups of people of their basic human dignity.

Cruz, Lee and the rest of their ilk are vicious, depraved bigots, so monumentally mentally unhinged in their obsessive need to control or destroy those who are different from them. To even entertain the notion that anything good can be gained from compromising with such pathetic excuses for humans is to admit to the world that you are no better than the the very monsters, and they are monsters, who take joy in the harm they cause others.


Yeah, I'm getting ahead of the vote. My opinion won't change.


I've read the comments by my fellow board members who are terrified by what could happen to them and the ones they love. I will not be silent.

[RKP5637]

28. Well said!!!!!! n/t

[Solly Mack]

42. I'm angry.

Thank you for reading and responding.

[complain jane]

10. Gosh I'm already "sick of winning".

[yuiyoshida]

13. If it passes it could be expanded to

Race and Religion as well. Anyone who wasn't white, or Christian, could be discriminated against in things like Hospital ER rooms, Restaurants who refuse to serve anyone who doesn't fit the criteria, the examples would be far reaching... as entire Races and Religious people are shunned by society legally.

[Tiggeroshii]

16. On our way to federalizing Jim Crowe, it seems.

[YOHABLO]

17. Okay, so here we go again. Will the gays in the military be kicked out now?

These are the most evil mofos that have ever gained power of this nation. It's time to fight.

[chwaliszewski]

18. Most probable scenario would be...

gays are not allowed in as new recruits and current gay members would probably be allowed to serve out their current enlistment but not be offered a chance to re-up.

[JI7]

19. consensual sex among same sex couples is worse than a man sexually assaulting a female to these

people.

[greymattermom]

20. As I read this bill

it would allow landlords to refuse to rent to heterosexual couples without marriage certificates.

[bucolic_frolic]

21. What will they do when

the mistresses, boyfriends, slaves, concubines, tgurlfriends, girlfriends
surface? Because people at the top of the income scale, as we all
know, live the good life!

[Bohunk68]

23. Have posted the original article on fb along with this:

If this passes, I will PUBLICLY AND LOUDLY shame those of you in NY-19 who voted for this POS and Faso. No matter where I see you, in whatever public venue.

[ck4829]

24. Special rights for homophobes.

[atreides1]

26. The backing of Trump

Is this the same Trump who is already backing away from so many of his other campaign promises, that's the man they're depending on?

I have reached a conclusion that this "God" that Cruz, Lee, and the rest of the bigots in this country worship, isn't really much of a God...this supreme being seems to be more like the Voldemort thing under the bench in Harry Potter! Nothing but a shriveled husk, that needs the protection of his followers!

This law does nothing more then give the sanctimonious cross worshiper's, more fodder for their organized hatred, and their need to be as evil as ISIL...because they just don't like the competition!!!

[RKP5637]

29. Cruz, is the personification of evilness all wrapped into one little shit ball! n/t

[RKP5637]

27. And who, what group will be next!!!!!!!!!! This, is how it starts! n/t

[C_U_L8R]

30. So... everyone will be able to discriminate against conservatives??

It seems the rightwing dopes haven't thought this through very well.

[The Genealogist]

32. Be prepared for "No Queers Served Here" signs in business windows

Yes, I know that word is not one we LGBTQ folks like to hear bandied about, but you better get used to it over the next few years. My guess is that the backlash against us will not stop until they are back to criminalizing our behavior and entrapping us, and committing us to mental institutions for our "sickness."

This is going to be a frightening era in our country, and not just for LGBTQ folks. Conformity is what authoritarians crave, and there will doubtlessly be many purity tests set up to measure how people conform to whatever norms end up being enshrined.

[Ford_Prefect]

33. Given the businesses who reacted to HB2 in NC I expect national level push back.

They may have the house and senate but not all of them are immune from the blandishments their sponsors.

[RKP5637]

34. So, how are LGBTQ Americans ID'ed? Tattoo's on the forehead. Many gays make Cruz look like a

little whinny girl!!!!

[JudyM]

39. .

[turbinetree]

35. And these two right wing fascist are suppose to be "christians" and love thy neighbor

must have missed that sunday school lecture.

Don't they have any else to do, one comes from a state that is just plain stupid, and other one comes from a state that practices being stupid, and now they want to inject there brand of "love" onto everyone, what ass****s.

So what does there bill do for all of there "republican" members that lie, cheat, and have wild thoughts of going into a bathroom at airports or live in the proverbial "closet", send them to the fascists vice-president state for re-education.

I thought this fascist party said that government needs to get out of peoples lives, what part of that sentence did they miss when they go around saying that BS, do they "not" know what they say---------------they just babble and the followers hear the babble ..



They really are twisted and sick, and they get paid $174,000 a year pandering to make laws to hate people

[briv1016]

37. It sounds like it prevents federal action but makes no mention of state action [yet]

The red states get redder. Bathroom law is next.

[Hugin]

43. If you really want to kill the FADA make it clear to Trump that Teddy boy likes it...

Then wait for the hammer to fall on it.

There may be a silver lining to this cess pit, after all. A very thin and almost non-existent film of silver.

How sad is it, I'm now rooting for Schadenfreude? :/