Legislation was introduced last week that seeks to counter the wave of pro-LGBT federal policies rolling out after the overturning of a key provision of the Defense of Marriage Act — a measure that has support from several Congressmembers from Pennsylvania.
Rep. Raul Labrador (R-Idaho) introduced the Marriage and Religious Freedom Act Sept. 19 with 62 cosponsors, including Pennsylvania Reps. Mike Kelly (R-Third Dist.), Tom Marino (R-10th Dist.), Joseph Pitts (R-16th Dist.) and Keith Rothfus (R-12th Dist.).
The legislation seeks to prevent the federal government from denying tax-exempt status, benefits, grants, contracts, loans, licenses or employment to individuals or groups that actively oppose marriage equality, protecting those who refuse to comply with LGBT-inclusive laws from penalties.
Since the U.S. Supreme Court’s June ruling overturned the section of DOMA that defines marriage as being between one man and one woman, several federal agencies, including the IRS, announced they will honor marriages based on their “state of celebration,” not the state of residency of the couples, giving legally married same-sex couples access to federal benefits.
Labrador said his measure centers on “religious liberty,” but Human Rights Campaign legislative director Allison Herwitt said it has a much more disturbing aim.
“The purpose of the legislation is simply to let federal employees, contractors and grantees refuse to do their jobs or fulfill the terms of their taxpayer-funded contracts because they have a particular religious view about certain lawfully married couples — and then to sue the federal government if they don’t get their way,” Herwitt said.
Heather Cronk, co-director of LGBT advocacy group GetEQUAL, called the measure a “political stunt.”
“This bill isn’t about religious freedom,” Cronk said. “This bill is about falsely positioning discriminatory companies as victims.”
Kelly and Marino, who represent districts in Western and Northeastern Pennsylvania, respectively, both began their terms in 2011. Rothfus, whose district lies in Southwestern Pennsylvania, assumed office earlier this year.
Pitts, in office since 1997, represents Lancaster, Reading and parts of Chester County. He has a lengthy record of opposing LGBT rights, including votes against the Employment Nondiscrimination Act and the federal LGBT-inclusive hate-crimes measure and for DOMA, a constitutional ban on same-sex marriage and a ban on adoptions by gay couples in Washington, D.C.
Earlier this year, he again cosponsored legislation to instate a constitutional ban on same-sex marriage.