From our Hill Sources: With Congress in recess the last week, all eyes have been on the Supreme Court’s recent decisions. The Supreme Court ruled that same-sex marriage bans are unconstitutional and disparate-impact claims can be filed under the Fair Housing Act—and upheld Obamacare tax subsidies. Here’s a look at how Members of Congress are responding to the Supreme Court decisions. And weigh in on the bills on their agenda when they return to Washington on Tuesday, including fixing 'No Child Left Behind.'
Same-Sex Marriage and the 14th Amendment
On June 26, the Supreme Court ruled by a 5-to-4 vote that all state same-sex marriage bans violate the Fourteenth Amendment’s guarantees of due process and equal protection. Justice Anthony Kennedy, in writing the majority opinion, explained:
“The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived, too, from that Amendment’s guarantee of the equal protection of the laws. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet in some instances each may be instructive as to the meaning and reach of the other. In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way, even as the two Clauses may converge in the identification and definition of the right.” (Source: SCOTUSblog)
In Congress, the Supreme Court’s decision also brought up the issue of religious freedom. In introducing the First Amendment Defense Act (HR 2802), Congressman Raul Labrador (R-ID) explained:
“The decision makes it all the more important that Congress move to protect the religious liberty of those who believe in traditional marriage. No American should be penalized for following their religious beliefs or moral convictions. In the majority opinion, Justice Kennedy states, ‘The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.’ To provide those very protections, I have introduced the First Amendment Defense Act.”
First Amendment Defense Act (HR 2802 and S 1598 in the Senate)
Sponsor: Rep. Raul Labrador (R-ID) —Bipartisan—“Would prohibit any federal agency from denying a tax exemption, grant, contract, license or certification to an individual, association, or business based on their belief that marriage is between a man and a woman.” As the bill sponsor explained: “It is imperative that we move quickly to protect the religious liberty of religious organizations and persons and I call on the leadership of the House and the Senate to speed up consideration of this bill and its companion, S 1598, introduced by Sen. Mike Lee (R-UT).” (Read bill text)
In addition, conservative Members of Congress have also been calling on Congress to pass:
Marriage Protection Amendment (HJRes 32)
Sponsor: Rep. Tim Huelskamp (R-KS) “Would amend the United States Constitution to protect marriage, family, and children by affirming marriage as the union between one man and one woman for all federal and state purposes,” according to the sponsor. (Read resolution text)
State Defense of Marriage Act (S 435 and HR 824 in the House)
Sponsor: Sen. Ted Cruz (R-TX) “Requiring that the federal government defer to the law of the state where a couple resides to determine whether the couple is married for purposes of federal law,” according to the bill sponsors. (Read bill text)
Restrain the Judges on Marriage Act (HR 1968)
Sponsor: Rep. Steve King (R-IA) “Strips federal courts of jurisdiction to hear cases related to marriage. The effect of the bill would prevent federal courts from hearing marriage cases, leaving the issue to the States where it properly belongs,” according to the bill sponsor. (Read bill text)
Meanwhile, some gay rights advocates and lawmakers are looking to federal non-discrimination protections as the next step:
“In dozens of states, a couple can marry in the morning, announce their union in the afternoon, yet lose their jobs or be evicted from their apartment by the day’s end. Just as we needed Congress to pass legislation to fully realize the promise of previous Supreme Court decisions recognizing fundamental civil rights, Congress must act to fully realize the promise of today’s ruling by introducing and passing legislation to finally provide comprehensive federal non-discrimination protections to LGBT Americans.” (Letter signed by Sen. Jeff Merkley (D-OR), Rep. David Cicilline (D-RI), Sen. Tammy Baldwin (D-WI), Rep. John Lewis (D-GA) and Sen. Cory Booker (D-NJ))
From our Hill Sources: The Employment Non-Discrimination Act (ENDA)—which was passed by the Senate in the 113th Congress (S 815)—has yet to be re-introduced in this Congress, but is considered to be a next step among some Members. ENDA would prohibit employers from discriminating on the basis of an individual's actual or perceived sexual orientation or gender identity.
Other Members in Congress are seeking to ensure benefits to same-sex couples:
Charlie Morgan Military Spouses Equal Treatment Act (S 270 and HR 1598 in the House)
Sponsor: Sen. Jeanne Shaheen (D-NH) “Extending veterans benefits to same-sex couples and their families regardless of where they live. The legislation is named after the late New Hampshire National Guard Chief Warrant Officer Charlie Morgan who passed away in 2013 after a battle with breast cancer; after her passing, Morgan’s wife and daughter were initially ineligible to receive certain survivor benefits until the Supreme Court ruled that the Defense of Marriage Act was unconstitutional. To this day, families in states where same-sex marriages are not recognized remain ineligible for certain Department of Veterans Affairs (VA) benefits,” according to the bill sponsors. (Read bill text)
Respect for Marriage Act (S 29 and HR 197 in the House)
Sponsor: Sen. Dianne Feinstein (D-CA) “To repeal the discriminatory Defense of Marriage Act. The bill would also ensure that all legally-married, same-sex couples are treated equally under federal law by clarifying current statues,” according to the bill sponsors. (Read bill text)
Social Security and Marriage Equality Act (HR 1404)
Sponsor: Rep. Ron Kind (D-WI) —Bipartisan— “To ensure all same-sex spouses receive equal treatment under the Social Security Act when applying for Social Security benefits, regardless of where they live. Eligibility for spousal benefits provided under the Social Security Act is determined by a place of residence standard. This standard has resulted in applications for Social Security benefits for legally married same-sex spouses living in states that do not recognize same-sex marriage not being approved. The SAME Act provides a roadmap to ensure all legally married couples have equal access to the benefits they have earned,” according to the bill sponsors. (Read bill text)
See more related bills in this Issue Spotlight.
Housing Discrimination
The Supreme Court also ruled in a case in which a Texas nonprofit organization, the Inclusive Communities Project, alleged that the Texas Department of Housing and Community Affairs had contributed to “segregated housing patterns by allocating too many tax credits to housing in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods.”
In a 5-4 vote, the Supreme Court ruled that disparate-impact claims can be filed under the Fair Housing Act of 1968 (FHA). Under the disparate-impact doctrine, a policy can be considered discriminatory if it has a disproportionately adverse impact against any group of people, based on race, national origin, color, religion, sex, familial status, or disability. In the majority opinion, Justice Anthony Kennedy wrote that “recognition of disparate-impact claims is consistent with the FHA's central purpose.”
The Fair Housing Act was passed by Congress and signed into law by President Lyndon Johnson a week after Dr. Martin Luther King, Jr. was assassinated. President Johnson viewed the FHA as a fitting memorial to Dr. King’s life work, and wanted to have it passed prior to his funeral in Atlanta. Its goal was to prevent housing discrimination on the basis of race, color, religion, sex, or national origin, and it gave the Department of Housing and Urban Development the legal tools to try and remedy decades of housing segregation. (Source: HUD)
According to Secretary of Housing and Urban Development Julián Castro:
Today is another important step in the long march toward fulfilling one of our nation’s founding ideals: equal opportunity for all Americans. The Supreme Court has made it clear that HUD can continue to use this critical tool to eliminate the unfair barriers that have deferred and derailed too many dreams. Working with our partners on the ground, we will continue to do all we can to build a housing market that treats all Americans with basic dignity and respect.”
Bills Related to the Fair Housing Act
Local Zoning and Property Rights Protection Act (HR 1995)
Sponsor: Rep. Paul Gosar (R-AZ) “ Would prohibit the Department of Housing and Urban Development (HUD) from implementing a new regulation known as Affirmatively Furthering Fair Housing (AFFH)” according to bill sponsor. “The bill includes an important federalism provision that requires HUD to consult with local governments and local communities for the purposes of furthering the Fair Housing Act of 1968 by means other than top-down federal regulations.” (Read bill text)
Housing Fairness Act (HR 372)
Sponsor: Rep. Al Green (D-TX) (Also known as the Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act) “ Authorizes $15 million annually over five years for HUD to administer the nationwide testing program to measure patterns of adverse treatment in the housing market,” according to the bill sponsor. (Read bill text)
Public Housing Tenant Protection and Reinvestment Act (HR 2231)
Sponsor: Rep. Maxine Waters (D-CA) “Seeks to preserve public housing and transform extremely impoverished neighborhoods by authorizing full funding for the Public Housing Program plus additional funding to address the backlog of capital needs, providing a loan guarantee for public housing agencies to attract outside investment into public housing units, and authorizing a grant program that focuses on revitalizing the most distressed public housing units. In cases where public housing units are demolished or sold, the bill requires one-for-one replacement, and increases tenant protections to help ensure that residents have the option stay in the communities that they call home,” according to the bill sponsor. (Read bill text)
Veterans and Servicemembers Employment Rights and Housing Act (HR 501)
Sponsor: Rep. Derek Kilmer (D-WA) —Bipartisan— “Will add to anti-discrimination laws for housing and employment to ensure that military status isn’t used against anyone looking for a home or a job. The bill will provide comprehensive assistance to veterans of all eras and provide legal recourse for those who choose to seek it,” according to the bill sponsor. (Read bill text)
Obamacare Tax Subsidies
The Supreme Court also ruled that tax subsidies created by the Affordable Care Act, known as Obamacare, are valid even in states that did not set up their own insurance exchanges. In writing the majority 6-3 opinion, Chief Justice John Roberts explained that millions of Americans are entitled to keep the tax subsidies that help them afford insurance:
“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the act in a way that is consistent with the former, and avoids the latter.”
The Supreme Court had previously upheld the Affordable Care Act’s individual mandate in 2012, in a 5-4 decision.
Bills Related to the Affordable Care Act
Many in Congress expressed their disappointment in the ruling, and promoted specific proposals in Congress to repeal or amend the Affordable Care Act:
SCOTUScare Act (HR 2905)
Sponsor: Rep. Brian Babin (R-TX) “To require the Supreme Court and all of its employees to sign up for Obamacare. By eliminating their exemption from Obamacare, they will see firsthand what the American people are forced to live with!,” according to the bill sponsor. (Read bill text)
Small Business Healthcare Relief Act (HR 2911)
Sponsor: Rep. Charles Boustany (R-LA) —Bipartisan— To provide an exception from certain group health plan requirements to allow small businesses to use pre-tax dollars to assist employees in the purchase of policies in the individual health insurance market. (Read bill text)
Jobs and Premium Protection Act (S 183)
Sponsor: Sen. John Barrasso (R-WY) “Repeals Section 9010 of the President’s health care law, known as the health insurance tax (HIT). The tax’s price tag in 2015 is $11.3 billion. It escalates to $14.3 billion by 2018. The non-partisan Joint Committee on Taxation estimates that between 2013-2022 the tax will total over $100 billion. Small businesses are the backbone of the American economy, but this tax will directly impact their ability to create the jobs this economy desperately needs. This tax falls directly on the fully insured insurance market, where 87% of small businesses with fewer than 100 employees purchase their coverage,” according to the Senate Finance Committee. (Read bill text)
Empowering Patients First Act (HR 2300)
Sponsor: Rep. Tom Price (R-GA) Provides for a full repeal of the ACA and all health care-related provisions included in the Health Care and Education Reconciliation Act. Provides for refundable, age adjusted tax credits with amounts tied to average insurance on individual market adjusted for inflation: – $1,200 for those between 18 to 35 years of age; – $2,100 for those between 35 and 50 years of age; – $3,000 for those who are 50 years and older; – $900 per child up to age 18. (See section-by-section summary) (Read bill text)
American Liberty Restoration Act (S 203)
Sponsor: Sen. Orrin Hatch (R-UT) Repeals provisions of the Patient Protection and Affordable Care Act that require individuals to maintain minimum essential health care coverage. Applies the Internal Revenue Code as if such provisions had never been enacted. (Read bill text)
ObamaCare Repeal Act (S 339)
Sponsor: Sen. Ted Cruz (R-TX) “Fully repeals Obamacare 180 days after its enactment, giving Congress and the states six months to develop and vote on patient-oriented health care reforms,” according to the bill sponsor. (Read bill text)
In the House this Week…
When they return from recess on Tuesday, the House will vote on these bills:
United States-Jordan Defense Cooperation Act (HR 907)
Sponsor: Rep. Ileana Ros-Lehtinen (R-FL) —Bipartisan— “Would extend to Jordan expedited congressional review of proposed US arms transfers that is otherwise reserved for NATO members and other close allies,” according the House Foreign Affairs Committee. (Read bill text)
Veteran’s I.D. Card Act (HR 91)
Sponsor: Rep. Vern Buchanan (R-FL) —Bipartisan— “Enables all veterans to obtain an ID card through the VA at no cost to the US taxpayer,” according to the bill sponsor. “Currently, the VA only offers ID cards to those who have served at least 20 years in the Armed Forces or those who receive medical care for a service-connected disability. This leaves a large population of veterans who have served honorably with no easy way to prove their military service.” (Read bill text) —This bill has been passed in the House and the Senate, but the Senate made changes and sent it back to the House.—
Land Management Workforce Flexibility Act (HR 1531)
Sponsor: Rep. Gerry Connolly (D-VA) —Bipartisan— “Would provide long-serving temporary seasonal wildland firefighters and other seasonal employees with the same career-advancement opportunities available to other federal employees,” according to the bill sponsors. (Read bill text)
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (HR 2822)
Sponsor: Rep. Ken Calvert (R-CA) “The legislation includes funding for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and various independent and related agencies. In total, the bill includes $30.17 billion in base funding, a decrease of $246 million below the fiscal year 2015 enacted level and a reduction of $3 billion below the President’s request. Included is $452 million to fully fund “Payments in Lieu of Taxes” (PILT) – which provides funds to local communities with federal land to help offset losses in property taxes – and $3.6 billion for the Department of the Interior and U.S. Forest Service to prevent and combat devastating wildfires. In addition, the legislation contains several policy provisions to stop job-crushing bureaucratic red tape and regulations at federal agencies – such as the EPA – that stymie growth, hurt businesses both large and small, and damage the U.S. economy,” according to the House Appropriations Committee. (Read bill text)
Student Success Act (HR 5)
Sponsor: Rep. John Kline (R-MN) According to the House Education and Workforce Committee: “Will reduce the federal footprint, restore local control, and empower parents and education leaders to hold schools accountable for effectively teaching students. Replaces the current national accountability scheme based on high stakes tests with state-led accountability systems, returning responsibility for measuring student and school performance to states and school districts. Ensures parents continue to have the information they need to hold local schools accountable. Eliminates more than 65 ineffective, duplicative, and unnecessary programs and replaces this maze of programs with a Local Academic Flexible Grant, helping schools better support students.” (See summary. Read bill text)
Resilient Federal Forests Act (HR 2647)
Sponsor: Rep. Bruce Westerman (R-AR) —Bipartisan— “Would expedite under the National Environmental Policy Act and improve forest management activities in units of the National Forest System derived from the public domain, on public lands under the jurisdiction of the Bureau of Land Management, and on tribal lands to return resilience to overgrown, fire-prone forested lands,” according to the House Agriculture Committee. (Read bill text)
21st Century Cures Act (HR 6)
Sponsor: Rep. Fred Upton (R-MI) —Bipartisan— According to the House Energy and Commerce Committee: “The 21st Century Cures Act accelerates the discovery, development, and delivery of life saving and life improving therapies and transforms the quest for faster cures by: Removing barriers to increased research collaboration. Incorporating the patient perspective into the drug development and regulatory review process. Measuring success and identifying diseases earlier through personalized medicine. Modernizing clinical trials. Removing regulatory uncertainty for the development of new medical apps. Providing new incentives for the development of drugs for rare diseases. Helping the entire biomedical ecosystem coordinate more efficiently to find faster cures. Investing in 21st Century science and next generation investigators.” (Read bill text)
In the Senate…
The Senate will work on:
Every Child Achieves Act (S 1177)
Sponsor: Sen. Lamar Alexander (R-TN) According to the Senate HELP Committee, bipartisan legislation to fix ‘No Child Left Behind'. "Would reauthorize the Elementary and Secondary Education Act (ESEA), the chief law governing the federal role in K-12 education. The most recent reauthorization of ESEA was the “No Child Left Behind Act,” which was enacted in 2001 and expired in 2007. Since then, nearly all states have been forced to ask the U.S. Department of Education for waivers from some of the law’s most unworkable requirements. The senators’ bill would fix the problems with “No Child Left Behind,” while keeping successful provisions, such as the reporting requirement of disaggregated data on student achievement. The bill would end states’ need for waivers from the law." (See summary. Read bill text)
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