First Amendment Defense Act

Summary: First Amendment Defense Act Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (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. Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to:   alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person;  disallow a deduction of any charitable contribution made to or by such person;  withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or  withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program.  Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction.  Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation.  Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Amendment Defense Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Leading legal scholars concur that conflicts between 
        same-sex marriage and religious liberty are real and should be 
        legislatively addressed.
            (2) As the President stated in response to the decision of 
        the Supreme Court on the Defense of Marriage Act in 2013, 
        ``Americans hold a wide range of views'' on the issue of same-
        sex marriage, and ``maintaining our Nation's commitment to 
        religious freedom'' is ``vital''.
            (3) Nevertheless, in 2015, when asked whether a religious 
        school could lose its tax-exempt status for opposing same-sex 
        marriage, the Solicitor General of the United States 
        represented to the United States Supreme Court that ``[i]t's 
        certainly going to be an issue''.
            (4) Protecting religious freedom from Government intrusion 
        is a Government interest of the highest order. Legislatively 
        enacted measures advance this interest by remedying, deterring, 
        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 States.
            (5) 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 respectful, diverse, and peaceful society.

SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL 
              CONVICTIONS.

    (a) In General.--Notwithstanding any other provision of law, the 
Federal Government shall not take any discriminatory action against a 
person, wholly or partially on the basis that such person 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.
    (b) Discriminatory Action Defined.--As used in subsection (a), a 
discriminatory action means any action taken by the Federal Government 
to--
            (1) alter in any way the Federal tax treatment of, or cause 
        any tax, penalty, or payment to be assessed against, or deny, 
        delay, or revoke an exemption from taxation under section 
        501(a) of the Internal Revenue Code of 1986 of, any person 
        referred to in subsection (a);
            (2) disallow a deduction for Federal tax purposes of any 
        charitable contribution made to or by such person;
            (3) withhold, reduce, exclude, terminate, or otherwise deny 
        any Federal grant, contract, subcontract, cooperative 
        agreement, loan, license, certification, accreditation, 
        employment, or other similar position or status from or to such 
        person;
            (4) withhold, reduce, exclude, terminate, or otherwise deny 
        any benefit under a Federal benefit program from or to such 
        person; or
            (5) otherwise discriminate against such person.
    (c) Accreditation; Licensure; Certification.--The Federal 
Government shall consider accredited, licensed, or certified for 
purposes of Federal law any person that would be accredited, licensed, 
or certified, respectively, for such purposes but for a determination 
against such person wholly or partially on the basis that the person 
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.

SEC. 4. JUDICIAL RELIEF.

    (a) 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 damages, injunctive 
relief, declaratory relief, or any other appropriate relief against the 
Federal Government. Standing to assert a claim or defense under this 
section shall be governed by the general rules of standing under 
Article III of the Constitution.
    (b) Administrative Remedies Not Required.--Notwithstanding any 
other provision of law, an action under this section may be commenced, 
and relief may be granted, in a United States district court without 
regard to whether the person commencing the action has sought or 
exhausted available administrative remedies.
    (c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42 
U.S.C. 1988(b)) is amended by inserting ``the First Amendment Defense 
Act,'' after ``the Religious Land Use and Institutionalized Persons Act 
of 2000,''.
    (d) 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 104(1) of 
title 5, United States Code, or an officer or employee of that 
independent establishment, to enforce compliance with this Act. Nothing 
in this subsection shall be construed to deny, impair, or otherwise 
affect any right or authority of the Attorney General, the United 
States, or any agency, officer, or employee of the United States, 
acting under any law other than this subsection, to institute or 
intervene in any proceeding.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Broad Construction.--This Act shall be construed in favor of a 
broad protection of free exercise of religious beliefs and moral 
convictions, to the maximum extent permitted by the terms of this Act 
and the Constitution.
    (b) No Preemption, Repeal, or Narrow Construction.--Nothing in this 
Act shall be construed to preempt State law, or repeal Federal law, 
that is equally or more protective of free exercise of religious 
beliefs and moral convictions. 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 convictions. 
Nothing in this Act shall be construed to prevent the Federal 
Government from providing, either directly or through a person not 
seeking protection under this Act, any benefit or service authorized 
under Federal law.
    (c) Severability.--If any provision of this Act or any application 
of such provision to any person or circumstance is held to be 
unconstitutional, the remainder of this Act and the application of the 
provision to any other person or circumstance shall not be affected.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Federal benefit program.--The term ``Federal benefit 
        program'' has the meaning given that term in section 552a of 
        title 5, United States Code.
            (2) Federal government.--The term ``Federal Government'' 
        includes each authority of any branch of the Government of the 
        United States.
            (3) Person.--The term ``person'' means a person as defined 
        in section 1 of title 1, United States Code, and includes any 
        such person regardless of religious affiliation or lack 
        thereof, and regardless of for-profit or nonprofit status.