Written by Don Byrd
U.S. Senators Patty Murray (D-WA) and Mark Udall (D-CO) have introduced legislation in response to the Supreme Court’s ruling in Hobby Lobby. The bill would prohibit employers from using the Religious Freedom Restoration Act (RFRA) as a vehicle for opting out of the requirements of the Affordable Care Act. It would leave the exemption for houses of worship, and the accommodation for religious organizations intact.
While the bill introduced earlier today does not amend RFRA itself, many lawmakers pressing for a legislative response expressed the opinion that the Supreme Court misread the law in the case.
CBS News reports:
Democrats on Wednesday, however, charged that the Supreme Court misinterpreted the law. The RFRA, Sen. Barbara Boxer, D-Calif., said, “was written for one reason — to protect employees’ freedom of religion.” The Supreme Court however, “decided that the employer — the boss– has total power to deny critical medical care to their employees,” she said. “They turned the Religious Freedom Restoration Act on its head.”
“The point of that law was that we wanted the law to be used as a shield to protect people’s religious beliefs,” added Rep. Jerry Nadler, D-N.Y., “not as a sword to impose somebody’s religious belief on somebody else.”
(As an aside, I don’t think it is quite accurate to suggest that a singular purpose of RFRA was to protect employees). Notably both Senator Boxer (D-CA) and Representative Nadler (D-NY) were supporters of RFRA when it was enacted in 1993. A companion House bill to the Murray-Udall proposal is expected to be introduced soon.
On another front, some advocates are pressing for RFRA itself to be amended in response to Hobby Lobby. The Center for American Progress published a “Blueprint” suggesting the following language:
[RFRA] does not authorize exemptions that discriminate against, impose costs on, or otherwise harm others, including those who may belong to other religions and/or adhere to other beliefs.
So far, no amendments to RFRA have been introduced in either House of Congress. The Murray-Udall bill [UPDATE: which you can read here] has the support of approximately 40 Democratic Senators, according to the CBS News report.
[Note: An earlier version of this post incorrectly stated Senator Murray’s bill would apply only to for-profit employers and would impact the accommodation for religious organizations. Apologies for my confusion!]
