Getting the Facts Straight about the Maloney Amendment

Over the last several weeks candidate Joe Blystone has repeatedly attacked former US Congressman Jim Renacci for his vote over the so-called Maloney amendment noted as H.Amdt 1128 which would have amended H.R. 5055 the Energy and Water Development and Related Agencies Appropriations Act. The amendment reads “None of the funds made available by this Act may be used in contravention of Executive Order No. 13672 of July 21, 2014 Further Amendments to Executive order 11478, Equal Employment in the Federal Government, and Executive Order 11246, Equal Employment Opportunity’’ 

The Amendment references President Obama’s Executive Order that prevents any federal contractor from discriminating against anyone based on sexual orientation, and/or gender identity. Before the “Maloney Amendment” went for a vote Congressman Joesph Pitts from Pennslyvania  presented an amendment to the amendment where it would have added to the amendment “, except as required by the First Amendment, the Fourteenth Amendment, and Article I of the Constitution.’’ Congressman Pitts argued before the House “With this amendment, this Congress can help ensure that, while funds may be going out the door to implementing this policy, he must respect Congress’ authority to write the law, respect an individual’s right to exercise his or her religion, and respect their rights to work.” After the debate, a vote was recorded where Congressman Jim Renacci did vote aye in favour of the amended amendment. The amended amendment did pass a vote 223-195.

Congressman Sean Maloney did offer the same amendment 6 days before H.R. 4974 where the amendment was numbered H.Amndt. 1079. Congressman Jim Renacci did vote against the amendment which begged the question of why would Renacci change his mind 6 days later if he in fact supported it as candidate Joe Blystone said?

Shortly after the vote, Congressman Bradley Byrne from Alabama presented another amendment to the amendment further defining the exceptions where it was stated “SEC. ll. None of the funds made available by this Act shall be used in contravention of— (1) the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); (2) Executive Order 13279; or (3) sections 702(a) and 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a), 42 U.S.C. 2000e-2(e)(2)), or section 103(d) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113(d)), with respect to any religious corporation, religious association, religious educational institution, or religious society.” 

During the debate, Congressman Bradley Bryne argued “Instead, under the First Amendment, all will be protected in the free exercise of the religion of their choosing, and we have a proud tradition of conservatives and liberals, Republicans and Democrats, working together to protect this free exercise right.” After the debate, a vote took place where Congressman Jim Renacci did vote in favour of the amendment as did the other republican congressman and the amendment did pass with a vote of 233-186.