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Rep. Roy leads GOP push for protection against religious discrimination from Biden’s bureaucrats

March 28, 2023

WASHINGTON, DC – Rep. Chip Roy (TX-21) is leading more than twenty of his Republican colleagues in petitioning House appropriators to prohibit the federal government from discriminating against religious schools, faith-based organizations, other non-profits, and individuals for holding traditional views on marriage.  

The letter requests the addition of language that prohibits the federal government from taking "any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman." 

The letters were sent to six separate House Appropriations Subcommittees on Friday and will be sent to two more on Wednesday and four more on Friday.  

Congressman Roy had the following to say about this letter: 

“This Amendment ensures that the free exercise rights of millions of Americans and nonprofit organizations will not face punishment and discrimination from the federal government for their beliefs.  

Such organizations care for the poor, mentor at-risk-youth, feed the hungry, rebuild homes after natural disasters, minister to soldiers and first responders, visit those in prison, educate children and manufacture millions of good, civic-minded citizens each year. To weaponize the power of the federal government against them is un-American and would do a tremendous disservice to not just these organizations but to this Republic and the fundamental rights which it protects.  

James Madison, the father of our Constitution, famously wrote, “Conscience is the most sacred of all property”; he was absolutely right, and this body ought to heed his words.” 

The letter was signed by Rep. Jeff Duncan, Rep. Mary Miller, Rep. Josh Brecheen, Rep. Jim Banks, Rep. Claudia Tenney, Rep. Andy Ogles, Rep. Ralph Norman, Rep. Dan Bishop, Rep. Glenn Grothman, Rep. Eric Burlison, Rep. Kat Cammack, Rep. Lauren Boebert, Rep. Marjorie Taylor Green, Rep. Daniel Webster, Rep. Rick Crawford, Rep. Paul Gosar, Rep. Alex Mooney, Rep. Eli Crane, Rep. Andrew Clyde, Rep. Gary Palmer, Rep. Michael Cloud, and Rep. Bob Good. 

Full text of the letter is available here. 

More support for the Roy Amendment: 

“Americans should be free to believe that marriage is between one man and one woman without fear of the government penalizing or even prosecuting them. Sadly, dozens of Americans have been silenced or pressured to back down in high-profile cases, and thousands, perhaps millions, more have been silenced or intimidated by these examples. Too often it is the government taking this discriminatory action against people’s religious beliefs or moral convictions about natural marriage. 

“I am proud to stand with my friend, Rep. Chip Roy, who is now pressing this point home. Chip joined Senator Mike Lee in offering the First Amendment Defense Act as an amendment to the so-called Respect for Marriage Act last fall, and is now offering a version of it as a carefully-crafted amendment to the government appropriations process. Federal taxpayer dollars should not be used to discriminate against Americans who believe in one-man, one-woman marriage, and this amendment makes sure that they will not. I am proud to call Chip Roy a friend and urge his colleagues to support this measure.” 

Tony Perkins, Family Research Council: 

“We must protect people of faith trying to live out their religious convictions,” said Penny Nance, CEO and President of Concerned Women for America, the nation’s largest public policy women’s organization.  “The abysmal enactment of the (Dis)Respect for Marriage Act paints a target on the backs of anyone who believes in marriage as a lifelong commitment between one man and one woman. Marriage is the only institution that fulfills a child’s need and right to both a mother and father. This effort by Rep. Chip Roy (R-Texas) is one small step in reclaiming the duty that the government forsook with the Respect for Marriage Act.” 

Penny Nance, Concerned Women for America: 

"The many Americans who hold to a traditional understanding of marriage deserve to have their First Amendment rights upheld. Congressman Chip Roy has called for appropriators to include language to protect these Americans’ rights. We need the “Roy Amendment,” much like we continue to need the Hyde and Weldon Amendments that protect Americans and taxpayer dollars from abuse.” 

Paul Teller, Advancing American Freedom: 

It goes without saying that no nation can prosper that is at war, culturally and politically, against the uniqueness of natural marriage and thus, marriage as an “institution” not merely a relationship. But, politically, the question is even more basic. It’s about, “Why is the government involved in marriage, should it be, and to what limited extent, if at all?” Since the government doesn’t grant rights in general (it undergirds individual rights we already have from God) and since it isn’t in the “relationship right’s” business particularly, it should limit its legislative involvement to undergirding natural marriage, or to getting out of the whole “legislation of marriage” business. This “clarifying language” request for the defense of traditional marriage is needed now more than ever for no one should ever fear government punishment for holding to traditional marriage as the unique blessing that it is for all. 

Rev. Dr. Gregory P. Seltz, Lutheran Center for Religious Liberty: 

"We applaud Rep. Roy for responding quickly to the despicable 2022 law that allows the federal government to target those who believe in marriage. In every civilization, marriage has always been privileged because it binds a father and mother together to raise the next generation of citizens on behalf of the nation. No government should allow activist legislation to target citizens who honor that definition." 

Brian Burch, Catholic Vote: 

"We must fight back against the Left’s continued attack on religious liberty by protecting institutions and people of faith from exercising their beliefs. We commend Congressman Chip Roy’s work to end the government’s discrimination against Americans and organizations that hold sincere religious beliefs related to marriage and encourage all members to join this effort. - Jessica Anderson, Executive Director of Heritage Action"

Jessica Anderson, Heritage Action: 

Supporting organizations include: Family Research Council, Concerned Women for America, Catholic Vote, Ethics and Religious Liberty Commission, American Principles Project, Lutheran Center for Religious Liberty, and Advancing American Freedom. 

The letter reads: 

As you begin drafting the Labor, Health and Human Services, Education, and Related Agencies Appropriations Act for FY 2024, we respectfully request that you include language prohibiting the federal government from taking any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. 

Without this language, we fear that the federal government will begin to systematically discriminate against religious schools, faith-based organizations, and other non-profits by barring their participation in federal programs, and removing their tax-exempt status, for their views on marriage. The First Amendment is sacred. It secures the right to write, pray, think, speak, and associate as one pleases. These fundamental rights are uncontroversial and must be protected. 

We therefore request that you include the following language in the FY 2024 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act: 

1.       IN GENERAL.—Notwithstanding section 7 of title 1, United States Code, section 1738C of title 28, United States Code, or any other provision of law, none of the funds provided by this Act, or previous appropriations Acts, shall be used in whole or in part to take any discriminatory action against a person, wholly or partially, on the basis that such person speaks, or acts, in accordance with a sincerely held religious belief, or moral conviction, that marriage is, or should be recognized as, a union of one man and one woman. 

2.       DISCRIMINATORY ACTION DEFINED. — As used in subsection 1, a discriminatory action means any action taken by the Federal Government to— 

a.        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 1; 

b.       disallow a deduction for Federal tax purposes of any charitable contribution made to or by such person;  

c.        withhold, reduce the amount or funding for, exclude, terminate, or otherwise make unavailable or deny, any Federal grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, employment, or other similar position or status from or to such person;  

d.       withhold, reduce, exclude, terminate, or otherwise make unavailable or deny, any entitlement or benefit under a Federal benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program, from or to such person; or   

e.        withhold, reduce, exclude, terminate, or otherwise make unavailable or deny access or an entitlement to Federal property, facilities, educational institutions, speech fora (including traditional, limited, and nonpublic fora), or charitable fundraising campaigns from or to such person. 

3.       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 speaks, or acts, in accordance with a sincerely held religious belief or moral conviction described in subsection 1. 

We urge the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies to include language prohibiting the federal government from punishing religious belief and to protect the First Amendment for all Americans in the Labor, Health and Human Services, Education and Related Agencies Appropriations Act for FY 2024. Thank you for your consideration of our request. 

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