An organization could cite FADA and provide their religious conviction against same-sex marriage as a reason to put a same-sex couple back on the street. Constitution provides strong protections for individuals and organizations to exercise religion and to freely speak about beliefs. However, the federal government has an equally strong obligation and interest in eradicating harmful discrimination. Interestingly, Powell's concurring opinion suggests that were Georgia to have imprisoned Hardwick for his conduct, that might be cruel and unusual punishment. However, under FADA, universities accepting federal funds would be required to grant degrees to professional students who insisted in engaging in conversion therapy with clients as part of their studies. Voting 5 to 4, the Court overruled its earlier decision in Bowers v Hardwick and found that the state lacked a legitimate interest in regulating the private sexual conduct of consenting adults.
By a 6 to 3 vote, the Court found the Colorado provision to lack a rational basis, and therefore to violate the equal protection rights of homosexuals.
First Amendment Defense Act
As oftwelve states recognize same sex marriage see map. Was the Court right in Bowers to view the case as one for an as applied review? Evans Boy Scouts of America v. In California, where the state legislature legalized same sex marriage only to have the voters overturn that law by initiative Amendment 8a federal district court found Amendment 8 to violate federal equal protection principles and the state chose not to appeal. Constitution provides strong protections for individuals and organizations to exercise religion and to freely speak about beliefs. Does the interest in protecting landlords with fundamentalist beliefs, who might find it religiously objectionable to rent to homosexuals, provide a rational basis for Amendment 2?
The Court first considered the matter in the case of Bowers v Hardwicka challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. The Supreme Court in considered a challenge to a Texas law that criminalized homosexual sodomy, but not heterosexual sodomy. The provision, Amendment 2, effectively repealed anti-discrimination laws in Boulder, Aspen, and Denver. Does concern about sexually transmitted disease have a place in the Court's analysis? As oftwelve states recognize same sex marriage see map. FADA would limit these protections to workers engaged in federal contract work, requiring the federal government to continue to contract with a business with a record of discriminatory employment practices against LGBTQ people if that employer cited their belief that same-sex marriage was wrong as the reason for the discrimination.