Religious and other pro-life organizations operating in the nation's capital will be forced to violate the very reasons they exist by two bills the District Council passed in 2014 and sent to Congress last month, and that has faith groups and their supporters in the Capitol up in arms.
Sens. Ted Cruz (R-Texas) and James Lankford (R-Oklahoma) introduced two joint "disapproval resolutions" Wednesday that would, if approved, effectively "veto" the two bills.
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"The government has no business forcing pro-life and faith-based organizations to betray the very values they were created to advance," Alliance Defending Freedom Senior Counsel Casey Mattox said.
"D.C. officials had the opportunity to drop these laws, which clearly violate religious freedom and freedom of conscience, but they chose not to. Congress, therefore, should approve these resolutions to stop what can only be called hopelessly illegal bills. Concerns about the constitutionality of these types of laws have come from people across the political spectrum."
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The Reproductive Health Non-Discrimination Amendment Act of 2014 prohibits even pro-life and religious groups from "discriminating" against employees and potential employees for any "reproductive health" decision, including elective abortions. All employers would also be forced to provide health insurance for elective abortions.
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The Human Rights Amendment Act of 2014 requires religious schools and colleges to both endorse and provide resources to individuals and groups opposed to the institutions' faith-based teachings on sex. The act is an effort to undo a 1989 congressional amendment known as the Nation’s Capital Religious Liberty and Academic Freedom Act, reported The Hill. It permitted faith-based educational institutions to "deny, restrict, abridge, or condition" funds, school facilities and services from "gay" groups.
"What the D.C. Council has done is a major threat to the fundamental right to religious freedom for D.C. residents and organizations, and a brazen display of intolerance," Lankford, who heads the Senate subcommittee with jurisdiction over D.C., said in a statement to CQ Roll Call Wednesday afternoon. "The Constitution provides that all Americans enjoy the right to live a life in accordance with their convictions of faith. Limiting religious practice to a church building is a weekend hobby, not a personal faith. The First Amendment is first for a reason – it cannot be ignored by the D.C. City Council."
ADF's letters sent to Congress last month said both laws violate constitutionally protected freedoms and federal law, including the Religious Freedom Restoration Act of 1993.
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Because Washington is a federal district, local bills must be reviewed by Congress before taking effect. After 30 legislative days, the local measures become law unless they are disapproved by Congress. The Cruz-Lankford resolutions, if adopted by simple majority in both chambers of Congress, would go to President Obama for signing.
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Disapproval resolutions are rarely successful at stopping D.C. laws. Only three joint resolutions of disapproval have taken effect since the 1973 Home Rule Act established the D.C. Council. The most recent resolution to succeed was in 1991 for a heights-amendment act.
"Americans must be free to exercise their constitutionally protected liberties without fear of punishment," ADF Senior Counsel Steven H. Aden said. "That is a principle that D.C. officials and members of Congress should all be willing to respect."
Read about the decision by Presbyterians to approve "gay" unions.
