House Committee Adopts Religious Liberty Amendment

Republican Committee Also Allows Veterans to Change Sex on Birth Certificates

By Dustin Siggins Published on May 4, 2016

LGBT groups and the White House are slamming the House Armed Services Committee (HASC) for adopting an amendment that would allow groups that service the federal government and oppose redefining marriage to receive federal contracts.

However, the Chaplain Alliance for Religious Liberty told The Stream the amendment necessarily overrides part of President Obama’s 2014 Executive Order mandating that groups receiving federal contracts valued at over $10,000 cannot hold traditional views on marriage.

The amendment is part of the chamber’s 2017 National Defense Authorization Act (NDAA). Opponents are likely to attempt to strip the amendment in debate on the House floor or in conference discussions with the U.S. Senate, if both chambers pass their versions of the NDAA.

The Washington Blade reports that the 33-29 vote to pass Russell’s amendment included two Republicans who voted with Democrats.

Introduced by Rep. Steve Russell (R-OK), the amendment reads as follows:

Any branch or agency of the Federal Government shall, with respect to any religious corporation, religious association, religious educational institution, or religious society that is a recipient of or offeror for a Federal Government contract, subcontract, grant, purchase order, or cooperative agreement, provide protections and exemptions consistent with sections 702(a) and 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a) and 4211 U.S.C. 2000e-2(e)(2)) and section 103(d) of the Americans with Disabilities Act of 1990 (42 USC 12113(d)).

In comments last week, Russell said that while “President Obama in Executive Order 13559 affirmed the right of religious service providers and contractors to equal opportunity to compete with secular organizations for funding while still retaining their religious identity,” confusion had been created through “guidance from the Office of Federal Contract Compliance Programs … regarding religious contractors within the scope of their protections under law.”

The radical Human Rights Campaign was quick to condemn the passage, according to the Blade.

“Rep. Russell’s harmful amendment would strip away existing protections for LGBT workers by undermining President Obama’s executive order on LGBT non-discrimination protections in federal contracting,” said Government Affairs Director David Stacy. “Evidently, some House Republicans want to emulate their state legislative colleagues in undermining legal protections for LGBT Americans. House Republican Leadership must get this language out of the bill.”

Likewise, White House spokesperson Jeff Tiller said, “We strongly oppose attempts to roll back non-discrimination protections for LGBT workers.”

“The president’s executive order with respect to federal contractors reflects his commitment to advancing equality in employment for the LGBT community, as well as his commitment to expanding opportunity for American workers and strengthening American business.”

But the Chaplain Alliance for Religious Liberty said the amendment would help religious groups better serve military servicemembers.

“Several organizations that have provided significant services to the military have been told that they no longer qualify as vendors because of the president’s executive order concerning sexual orientation and gender identity,” said the group’s Executive Director, Retired Colonel Dr. Ron Crews, in a press statement. “These vendors will serve without discriminating against anyone, so they shouldn’t be discriminated against by the government.”

In comments to The Stream, Crews declined to name any of the groups he says have been rejected for contracts. However, he said that the issue came to a head in the last several months.

“I have been working this issue for about two years, after the President’s Executive Order.  A few months ago, DoD Contracting announced that all contractors had to comply. One ministry that has provided youth ministers to military installations for more than 20 years was notified that their contract would not be renewed because the ministry requires their workers to agree with their statement of faith which includes a provision that marriage is the union of one man and one woman.”

“These ministers have served and will serve all military dependents, regardless of their sexual orientation. They will serve without discrimination. This amendment will allow them to continue to serve.”

“Our chaplains want to be able to hire youth workers who hold Biblical convictions and serve the our men and women in uniform who also hold Biblical convictions. The focus of this amendment is not on the contracted workers, but on those who wear the uniform. They should be able to live out their faith and have chaplains and other ministries that help them to live out their faith while they put their lives on the line,” concluded Crews.

The GOP-majority committee also adopted, for the second year in a row, a measure by Rep. Jackie Speier (D-CA) that will allow veterans to legally change genders on their discharge paperwork after leaving the military.

In a statement, Speier said that “a name change is so simple, and it’s the least we can do for their service to the nation.” The Democrat said her measure is intended to “provide the estimated 134,000 American transgender veterans with the respect they deserve.”

Speier’s amendment passed by voice vote.

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