marjaerwin: (Default)
I am not a lawyer, but I can recognize this.

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 (sic), and to petition the Government for a redress of grievances.”

A description of part of the “First Amendment Defense Act:”

“First, the bill applies to any corporation, organization, or person who “believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.””

http://www.thedailybeast.com/articles/2016/11/16/the-gop-s-anti-lgbt-anti-women-religious-freedom-law-on-steroids.html

If Congress makes a law creating special privileges for certain religions and certain religious doctrines, that is an establishment of religion, and would violate the 1st Amendment. (Estate of Caldor v. Thornton struck down a far less selective law.)

And if Congress makes a law intended to stigmatize certain minorities, and promote discrimination against us, that can violate the 14th Amendment too. (Romer v. Evans.)

“In Everson v. Board of Education (330 U.S., 1947) the Supreme Court stated in its majority opinion: “The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever from they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.’””

http://www.stephenjaygould.org/ctrl/courtrulings.html

P.S. This is a district court ruling against a similar state-level law. Almost all of the same constitutional objections apply:

http://www.vox.com/2016/7/1/12081536/mississippi-lgbtq-law-ruling

https://cdn2.vox-cdn.com/uploads/chorus_asset/file/6736417/35-Memo-Opinion-and-Order.0.pdf

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marjaerwin

May 2025

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