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State Marriage Defense Act
The State Marriage Defense Act (, in the 113th Congress, , in the 114th Congress) was a proposed law introduced by Republican Senators Ted Cruz of Texas and Mike Lee of Utah. The legislation would have defined the terms "spouse" and "marriage" when used in federal laws to always follow the definition used in the particular state where the law is applied. The bill was advocated for by conservative and Christian right organizations after ''United States v. Windsor'', a Supreme Court case which struck down the federal ban on same-sex marriage ensured by the Defense of Marriage Act. History The legislation had 28 co-sponsors when it was introduced. In the wake of the Supreme Court ''United States v. Windsor'' decision, federal agencies such as the IRS use a "state of celebration" rule rather than a "state of domicile" rule to determine if a marriage is recognized. In response, the State Marriage Defense Act was introduced to the United States Senate on October 8, 2014, by Republic ...
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113th United States Congress
The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the United States Senate and the United States House of Representatives based on the results of the 2012 Senate elections and the 2012 House elections. The seats in the House were apportioned based on the 2010 United States Census. It first met in Washington, D.C. on January 3, 2013, and it ended on January 3, 2015. Senators elected to regular terms in 2008 were in the last two years of those terms during this Congress. The Senate had a Democratic majority, while the House had a Republican majority; such a split would not be repeated until the 118th Congress. This was the last time Democrats held control of the Senate until the 117th Congress in 2021. As of 2022, this is the most recent Congress in which Democrats held any seats in Arkansas ...
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Heritage Action
Heritage Action for America, more commonly known simply as Heritage Action, is a conservative policy advocacy organization founded in 2010. Heritage Action, which has affiliates throughout the United States, is a sister organization of the conservative think tank The Heritage Foundation. Heritage Action has been called a "powerhouse in a new generation of conservative groups" and "perhaps now the most influential lobby group among Congressional Republicans." Executive director Jessica Anderson has led the organization since April 2020. Heritage Action launched a campaign in August 2013 to link the Patient Protection and Affordable Care Act, also known as the ACA or "Obamacare", with laws to keep the federal government open or to increase the federal debt limit. The organization played an instrumental role in the government shutdown of October 2013. Background and history Heritage Action was first announced in April 2010 by Ed Feulner, the then president of The Heritage Foundat ...
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Federal Marriage Amendment
The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex (gay) or other unmarried homosexual couples. An amendment to the U.S. Constitution requires the support of two thirds of each house of Congress and ratification by three fourths of the states. The last Congressional vote on the proposed amendment occurred in the House of Representatives on July 18, 2006, when the motion failed 236 to 187, falling short of the 290 votes required for passage in that body. The Senate has only voted on cloture motions with regard to the proposed amendment, the last of which was on June 7, 2006, when the motion failed 49 to 48, falling short of the 60 votes required to allow the Senate to proceed to consideration of the proposal and the 67 ...
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Kansas House Bill 2453
Kansas House Bill 2453, also known as the Religious Freedom Act, is a piece of legislation proposed in the state of Kansas that would allow people to refuse to provide services in any way related to any relationship (same-sex or otherwise) under the name "marriage, domestic partnership, civil union or similar arrangement" if their objection to doing so is based on their religious beliefs. Representative Charles Macheers (R-Shawnee) introduced the legislation on January 16, 2014. It passed in the House but was not taken up by the Kansas Senate. Background Kansas does not have any legislation preventing discrimination on the basis of either sexual orientation and gender identity. Based on an executive order by Governor Kathleen Sebelius, Kansas has prohibited discrimination on the basis of sexual orientation or gender identity (in government employment only) since 2007, and has since been repealed on February 10, 2015 by another Executive Order by the Governor of Kansas Sam Brownb ...
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Religious Freedom Restoration Act (Indiana)
Indiana Senate Bill 101, titled the Religious Freedom Restoration Act (RFRA), is a law in the U.S. state of Indiana, which allows individuals and companies to assert as a defense in legal proceedings that their exercise of religion has been, or is likely to be, substantially burdened. The bill was approved by a vote of 40–10 and on March 26, 2015, Indiana Governor Mike Pence signed SB 101 into law. The bill is similar to the Arizona SB 1062 vetoed by Governor Jan Brewer in 2014, which would have expanded Arizona's existing RFRA to include corporations. The law's signing was met with criticism by such organizations as the National Collegiate Athletic Association (NCAA), Tim Cook (CEO of Apple Inc.), Subaru of America, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce.com said it would halt its plans to expand in the state, as did Angie's List. Opponents of the law claim that it is targeted against LGBT (lesbian, gay, bisexual, a ...
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Respect For Marriage Act
The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal government and all U.S. states and territories to recognize the validity of same-sex and interracial civil marriages in the United States, and protects religious liberty. Its first version in 2009 was supported by former Republican U.S. Representative Bob Barr, the original sponsor of DOMA, and former President Bill Clinton, who signed DOMA in 1996. Iterations of the proposal were put forth in the , and Congresses. On June 26, 2015, the U.S. Supreme Court ruled in '' Obergefell v. Hodges'' that the 14th Amendment requires all U.S. states to recognize same-sex marriages. This decision rendered the last remaining provision of DOMA unenforceable and essentially made RFMA ''de facto'' federal law. The future of same-sex marriage in the United ...
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Obergefell V
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to ''Obergefell'', same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam. Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in ''Obergefell v. Hodges''. After all district courts ruled for the plaintiffs, the ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, '' Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase " Equal Justice Under Law". This clause was the basis for '' Brown v. Board of Education'' (1954), the ...
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Notre Dame Law School
Notre Dame Law School is the professional graduate law school of the University of Notre Dame. Established in 1869, it is the oldest continuously operating Catholic law school in the United States. ND Law is ranked 22nd among the nation's "Top 100 Law Schools" by '' U.S. News & World Report'' and 14th by Above The Law in their annual Top 50 Law School Rankings. It is ranked 8th in graduates attaining federal judicial clerkships and 7th in graduates attaining Supreme Court clerkships. According to Notre Dame's 2018 ABA-required disclosures, 86% of the Class of 2019 obtained full-time, long-term, JD-required employment ten months after graduation. 41.5% of the Class of 2019 accepted positions at Large Firms, while 11.9% accepted Federal Clerkships, and 17.6% of the Class of 2019 Graduates accepted public service positions. The school enrolls about 600 students and in addition to the J.D. degree it also offers dual JD–MBA and several a dual J.D. and Masters combined degrees (inc ...
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United States Conference Of Catholic Bishops
The United States Conference of Catholic Bishops (USCCB) is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops (NCCB) and United States Catholic Conference (USCC), it is composed of all active and retired members of the Catholic hierarchy (i.e., diocesan, coadjutor, and auxiliary bishops and the ordinary of the Personal Ordinariate of the Chair of Saint Peter) in the United States and the territory of the U.S. Virgin Islands. In the Commonwealth of Puerto Rico, the bishops in the six dioceses form their own episcopal conference, the Puerto Rican Episcopal Conference. The bishops in U.S. insular areas in the Pacific Ocean the Commonwealth of the Northern Mariana Islands, the territory of American Samoa, and the territory of Guam are members of the Episcopal Conference of the Pacific. The USCCB adopted its current name in July 2001. The organization is a registered corporation based in Washing ...
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