Religious organizations, including orphanages, women’s shelters, and schools, would likely be subject to crippling lawsuits if the so-called Respect for Marriage Act (RFMA) becomes law.
At issue is the creation of a private right action for “any person who is harmed” by any entity operating “under color of state law” that does not recognize a marriage recognized by the state in which it took place.
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It is very disappointing that 12 Republican senators sided with ultra-liberal @SenSchumer and voted for the Respect for Marriage Act which strikes a blow against millions of Americans who believe in and support traditional marriage.https://t.co/Ow459GMyk5
— Franklin Graham (@Franklin_Graham) November 26, 2022
Senate Rejects Three Amendments To Protect Faith-Based Organizations And Devout Believers https://t.co/1mea8gjC1x
— Eagle Forum (@EagleForum) November 30, 2022
.@SenBillCassidy says he voted against the #RespectForMarriageAct after an amendment to protect religious freedoms for faith-based organizations failed to get a vote @BRProudNews https://t.co/q2kLInBj5y
— John Walton (@John_Walton_) November 29, 2022
The intentionally vague phrasing makes the provision ripe for abuse. To protect faith-based organizations, U.S. Senator Marco Rubio (R-FL) filed an amendment to strike the private right of action. Led by Democrats, the Senate rejected that amendment.
“This bill does not protect religious liberty. Nuns running orphanages will find themselves in court if it becomes law. That’s outrageous. No faith-based organization will be immune from the insanity. Christian. Jewish. Muslim. Everyone. “The Senate had a chance to fix this obvious problem, but it failed. Now faith-based organizations will suffer the consequences.” — Senator Rubio
Although the bill would protect nonprofits whose “principal purpose” is the “study, practice, or advancement of religion,” it would not protect other faith-based organizations. As a result, an orphanage run by nuns who do not want to place children with same-sex couples could be sued in federal court by any individual. The same is true for other faith-based entities acting “under color of state law,” another intentionally vague and ambiguous term.
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