Call your Senators -- Capitol Switchboard: 202-224-3121

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November 29, 2022
Take Action!
Call your Senators – Spread the Word
Final Senate VOTES on (Dis)Respect for Marriage Act This Evening

Today, Senators will be called upon to cast several votes on the so-called Respect for Marriage Act (RFMA), H.R. 8404 – the Collins/Baldwin substitute, that will determine whether the fundamental right of religious freedom is acknowledged and respected by the U.S. Government.

The Senate will begin debating the RFMA at 3:30 p.m. and voting on the three amendments, described below, is scheduled to begin at 3:45 p.m. Final passage, by an agreed upon sixty (60) votes to avoid another procedural cloture vote, is expected between 7-8 p.m. eastern time this evening. The Democrats are rushing this bill through the lame-duck session as they know the support of the American people is waning. We must do our best to light up the phone lines on Capitol Hill in support of traditional marriage and religious liberty.

This bill is being marketed as “codifying” the Obergefell v. Hodges Supreme Court decision that declared a right to same-sex marriage while also pointing out the inherent conflict between this right and the right of religious organizations and individuals to not be forced to participate in an event that violates deeply held religious belief. The text of the Collins/Baldwin substitute, while an improvement over the House-passed bill, still leaves Americans vulnerable for non-compliance and offers legally meaningless protections.

The RFMA gives legal lip service to the Constitutional rights of religious believers. The findings say, “Congress affirms that such people and their diverse beliefs are due proper respect.” While the sentiment is encouraging, the drafters chose NOT to include specific legal protections outlining what such ‘respect’ means in the real world. The issue is not the ability to believe in man-woman marriage, but the ability to live out those beliefs without fear of being sued for not participating in the way the government prescribes.

This afternoon, the Senate will vote on three amendments that offer some protections for religious believers, organizations, and institutions. While we continue to oppose the RFMA as unnecessary, overbroad and divisive, we feel it is absolutely necessary to include clear, direct, legally sound religious liberty protections in the final Senate version of the legislation.

First, an amendment offered by Senator Lee (R-UT) (Am. #6482) would prohibit the federal government from discriminating against individuals, organizations, and closely-held for-profits based on their sincerely-held religious beliefs or moral convictions about marriage – whether they support marriage between one man and one woman or same-sex marriage. This amendment only restricts the federal government for purposes of licenses, tax-exempt status, contracts, benefits, etc. In our pluralistic society, Senator Lee believes that it is essential to provide robust religious liberty protections for those who want to practice their faith in their daily lives. Sixty (60) votes are necessary to add this amendment to the bill as the Parliamentarian ruled the amendment non-germane. Eagle Forum supports this amendment.

Second, Senator Lankford’s (R-OK) amendment (#6496) would address the gaps and harm toward religious liberty in the Baldwin substitute amendment. Specifically, it (1) narrows the bill from anyone acting ‘under the color of state law’ to clarify that it only applies to government entities (a state, territory, or possession of the United States or Indian Tribe) to ensure that non-governmental actors who contract with the state, such as faith-based child welfare agencies are not harmed by the bill. Without this change, the scope of the bill goes well beyond Obergefell and even beyond the scope of the Defense of Marriage Act, (2) strikes the ‘private right of action’ to curb baseless lawsuits and harassment against religious organizations for living out their faith and beliefs about marriage. Notably, the underlying bill provides these organizations with no proactive defense. (3) clarifies section 7(a) to ensure that the bill will not be used to penalize, harm or discriminate against
individuals or entities because of their belief, practice or observance of marriage. This was the stated intent of many of the substitute amendment sponsors, but these protections are unclear, at best, in the substitute, and (4) adds an additional protection to ensure that faith-based organizations that partner with the government will not be seen as government actors, and thereby subject to the bill’s mandates and forced to either compromise their beliefs or practices, be subjected to legal challenges, or end their government partnerships. Eagle Forum supports this amendment.

Finally, Senator Rubio’s (R-FL) amendment would strike the private right of action from section 4 of the Collins/Baldwin substitute amendment. Religious freedom advocates are deeply concerned that the private right of action provision will allow activists to bury faith-based service organizations, such as foster-care and adoption agencies, in litigation. Eagle Forum supports this amendment.

Contact your Senators and encourage them to:
* Support the Lee, Lankford, and Rubio amendments as each one do offer some protection for religious believers. The failure to adopt these amendments is the clearest sign that too many in Congress know the rights of religious believers are at risk (if not, why put the language about ‘respect’ in the findings?) but are unwilling to put real legal protections in the legislation to address the issue.
* Stand up for those who desire nothing more than to be able to live out our faith, not just behind the closed doors of our homes and places of worship, but in our daily lives as well.
* If your Senator voted FOR cloture (or voted YES on any earlier votes on the RFMA), urge them to vote NO on final passage if any of the amendments fail to pass, as faith-based organizations, individuals, and businesses face serious threats to their Constitutional rights to religious freedom without even these minimal protections.
* Vote against final passage of the Senate bill because the RFMA is unnecessary, overbroad, and divisive to our Nation.


There is no time to delay. Contact your Senators NOW! There is still a chance to defeat this bill and protect those who believe in traditional marriage.

Capitol Switchboard: 202-224-3121

What to say to your Senators:

I am calling to ask you to support three amendments to the Respect for Marriage Act. Senators Lee, Lankford, and Rubio have introduced amendments that will strengthen all Americans’ religious liberties under this bill.

Senator Lee’s amendment prohibits the federal government from discriminating against individuals, organizations, and closely-held for-profits based on their sincerely-held religious beliefs or moral convictions about marriage – whether they support marriage between one man and one woman or same-sex marriage.

Senator Lankford’s amendment ensures that non-governmental organizations will not be penalized for acting out their morals specifically when it comes to beliefs about same-sex marriage.

Finally, Senator Rubio’s amendment eliminates the private right of action in the current bill which prevents activists from suing faith-based organizations, such as adoption and foster care agencies, for acting on their morals.

The Respect for Marriage Act is deeply flawed and should not pass as-is. Again, I ask you to support these three amendments to protect our Constitutional rights.
Call your Senators
Capitol Switchboard: 202-224-3121

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