First Amendment Defense Act Would Be ‘Devastating’ for LGBTQ Americans

Dec 22, 2016

By Mary Emily O’Hara

Earlier this month, Senator Ted Cruz of Texas and Senator Mike Lee of Utah, through his spokesperson, told Buzzfeed they plan to reintroduce an embattled bill that barely gained a House hearing in 2015. But this time around, they said, the First Amendment Defense Act (FADA) was likely to succeed due to a Republican-controlled House and the backing of President-elect Donald Trump.

FADA would prohibit the federal government from taking “discriminatory action” against any business or person that discriminates against LGBTQ people. The act distinctly aims to protect the right of all entities to refuse service to LGBTQ people based on two sets of beliefs: “(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.”

Ironically, the language of the bill positions the right to discriminate against one class of Americans as a “first amendment” right, and bans the government from taking any form of action to curb such discrimination—including withholding federal funds from institutions that discriminate. FADA allows individuals and businesses to sue the federal government for interfering in their right to discriminate against LGBTQ people and would mandate the Attorney General defend the businesses.

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7 comments on “First Amendment Defense Act Would Be ‘Devastating’ for LGBTQ Americans

  • This looks like more ironical 1984 style NewSpeak – defending against sanction, those bigoted individuals and organisations who discriminate against other citizens – all done in the name of anti-discrimination!

    Certain specific Newspeak terms come to mind!

    Goodsex and Sexcrime

    Goodsex is the normal intercourse between man and wife, for the sole purpose of begetting children and without physical pleasure; all else is sexcrime.


    These entail thoughts that are approved by the Party and follow its policies, ideals and interpretations. It is the opposite of crimethink.


    A thoughtcrime is an occurrence or instance of controversial or socially unacceptable thoughts. The term is also used to describe some theological concepts such as disbelief or idolatry,[4] or a rejection of strong social or philosophical principles.


    Crimethink is the Newspeak word for thoughtcrime (thoughts that are unorthodox, or are outside the official government platform), as well as the verb meaning “to commit thoughtcrime”. In the appendix is noted that the entire United States Declaration of Independence would be translated into the word crimethink, as an idiomatic translation would turn the document into an essay on the virtues of totalitarian government.

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  • This is obviously all very serious but just being black in America is still a millstone round the necks of people who should also be treated equally under the law. Here is a woman in Texas who called the police when her son was allegedly assaulted by a neighbour for dropping litter. The officer took no notice of the alleged assault and then lectured the woman on why she didn’t teach her son not to drop litter. He then wrestled her to the ground and arrested her and another neighbour at taser point. Of course he was white and they were black.

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  • Not much to say about this one. This stupid FADA thing would not be devastating to the LGBT community; it would be devastating, period.

    I’ll be surprised if it isn’t passed. Nothing surprises me now in this climate. Woke up thinking about Trump and his nukes, which he loves. It’s all so horrible.

    Nightmares again.

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  • Arkrid Sandwich #2
    Dec 24, 2016 at 12:48 pm

    This is obviously all very serious but just being black in America is still a millstone round the necks of people who should also be treated equally under the law.

    Well – black or other minorities!

    Top Republicans in the US state of Texas have unveiled a bill that would ban transgender people from using the toilet of their choice.

    The Texas Privacy Act follows similar legislation in North Carolina that sparked protests and business boycotts.

    The Texas bill would force transgender people to use toilets in schools and other public buildings according to the gender on their birth certificate.

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  • Can you imagine the bigoted stupidity of biology illiterates, legislating to try to force a model like her to use the gent’s toilets!

    A top fashion model has revealed that she is intersex, saying that she hopes speaking out will help break a taboo.

    Hanne Gaby Odiele, 29, was born with undescended testicles, which were removed when she was 10 after doctors warned that they could cause cancer.

    Intersex people are born with a mixture of male and female sex characteristics.

    According to the United Nations, the condition affects up to 1.7% of the world’s population.

    Ms Odiele, originally from Belgium, was born with androgen insensitivity syndrome (AIS).

    “I knew at one point after the surgery I could not have kids, I was not having my period. I knew something was wrong with me,” she said.

    She had additional surgery at 18 to reconstruct her vagina.

    But she said the procedures caused her distress and she wanted to speak out in part to discourage other parents from putting their children through perhaps unnecessary surgery.

    Ms Odiele’s husband, John Swiatek, also a model, told USA Today he was “incredibly proud” of his wife for speaking out.

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  • Meanwhile in the town of New Hope. – Perhaps a symbolic name :-

    The mayor of a small town in Texas has become the first transgender elected official in the state’s history, local media report.

    Jess Herbst, who became mayor of New Hope last May, made the announcement in an open letter to the town’s residents.

    “As your Mayor I must tell you about something that has been with me since my earliest memories. I am Transgender,” she wrote.

    Ms Herbst was appointed mayor following the death of her predecessor.

    She had previously been elected to the Town Council as an alderman and road commissioner, according to her statement on the New Hope website.

    “I know that transgender people are just coming to light in our society, and we have made great strides in the last few years,” she said.

    “My daughters have been adamant supporters of me and are proud to tell people their father is transgender,” she added.

    Ms Herbst has been documenting her experience on her blog,

    As the mayor of the small Collin County town, she is the first known openly transgender elected official in Texas history, the Texas Observer reports.

    “I will continue as Mayor and hope to do the very best for the town,” she said.

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  • Back in the UK the Faith-School-Menace is still affecting some children with gender issues, but at least there is legislation and direction from the Department for Education.

    Note: The family wished to remain anonymous so names have been changed.

    A transgender teenager is taking legal action against his former school for discrimination.

    Aidan, 16, who was born female, claims he was effectively excluded because Hereford Cathedral School refused to let him wear a boy’s uniform.

    This was despite the support of his mother and the family’s GP as he began his transition.

    The action is being taken under the 2010 Equality Act. The school said it would defend its position.

    When he told the school he did not want to be addressed as a girl or wear girl’s clothes, he claims staff said it was a “phase” that he would grow out of.

    He said he was told he was “attention seeking”. “They didn’t really take it seriously,” he added.

    Mother Jackie described the school’s treatment as “appalling”.

    “They made my child out to be a freak and someone who would contaminate other students,” she claimed.

    A letter from Aidan’s mother to the school’s chair of governors says she had no choice but to remove her son from the school after being told the school was “inadequately prepared to accommodate Aidan’s needs and give him the high level of support and pastoral care that he deserves”.

    The legal action is currently ongoing through the courts.

    The Equality Act: Gender reassignment guidance for schools

    It is unlawful for schools to treat pupils less favourably because of their gender reassignment

    Schools must factor in gender reassignment when considering their obligations under the Equality Act

    To be protected by the Act, a pupil will not necessarily have to be undertaking a medical procedure to change their sex, but must be taking steps to live in the opposite gender, or proposing to do so

    Schools need to make sure that all gender variant pupils are not singled out for different and less favourable treatment from that given to other pupils

    Source: Department for Education, The Equality Act 2010 and schools

    It is understood part of the school’s defence claims Aidan was withdrawn from the school by his family, prior to a final decision being made by them about whether his needs could be met.

    In a statement Hereford Cathedral School said: “The continued happiness, wellbeing and safety of our pupils is the top priority.

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