The U.S. Senate is expected to begin voting today on an amended version of H.R. 8404, the Respect for Marriage Act (full text). The House has previously passed the original version of the bill, and the Senate has passed a cloture motion ending a filibuster of the original bill. The Act will assure federal recognition of same-sex marriages that were valid where performed and will require states to give full faith and credit to same-sex (as well as interracial) marriages performed in other states. Amendments designed to protect religious liberty were added in the Senate. If the bill passes, it will then go back to the House to act on the amended version. Here are the major changes added in the Senate version to protect religious liberty:
SEC. 2. FINDINGS.
Congress finds the following:
(1) No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.
(2) Diverse beliefs about the role of gender in marriage are held by reasonable and sincere people based on decent and honorable religious or philosophical premises. Therefore, Congress affirms that such people and their diverse beliefs are due proper respect....
SEC. 6. NO IMPACT ON RELIGIOUS LIBERTY AND CONSCIENCE.
(a) In General.-- Nothing in this Act, or any amendment made by this Act, shall be construed to diminish or abrogate a religious liberty or conscience protection otherwise available to an individual or organization under the Constitution of the United States or Federal law.
(b) Goods or Services.--Consistent with the First Amendment to the Constitution, nonprofit religious organizations, including churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, religious educational institutions, and nonprofit entities whose principal purpose is the study, practice, or advancement of religion, and any employee of such an organization, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage. Any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.
SEC. 7. STATUTORY PROHIBITION.
(a) No Impact on Status and Benefits Not Arising From a Marriage.-- Nothing in this Act, or any amendment made by this Act, shall be construed to deny or alter any benefit, status, or right of an otherwise eligible entity or person which does not arise from a marriage, including tax-exempt status, tax treatment, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense.
(b) No Federal Recognition of Polygamous Marriages.-- Nothing in this Act, or any amendment made by this Act, shall be construed to require or authorize Federal recognition of marriages between more than 2 individuals....
As reported by The Center Square and The Hill, various conservative religious organizations (some expressing extreme concerns about the effect of the bill), as well as some Republican senators, continue to strongly oppose the bill.
UPDATE: On Nov. 29, the Senate by a vote of 61-36 passed the Respect for Marriage Act. The bill now goes back to the House for a vote on the bill in the amended form passed by the Senate.
