Democrats Introduce Bill to Ensure ‘Religious Freedom’ Law Is Not Used For Anti-LGBT Discrimination

‘Do No Harm Act’ Would Prohibit Federal Religious Freedom Restoration Act From Being Used Against Minorities

Two congressional Democrats Wednesday morning introduced the Do No Harm Act into the U.S. House of Representatives. The bill, should it become law, would fix the federal 1993 Religious Freedom Restoration Act after the U.S. Supreme Court ruled it could be manipulated by religious institutions and corporation, as in the Hobby Lobby case.

“The Do No Harm Act would place much needed limitations on RFRA so that it can be used as a shield for religious exercise but not as a sword. With the Do No Harm Act, RFRA could no longer be invoked to justify discrimination, denial of health care, or other harms,” Louise Melling, deputy legal director of the ACLU, said in a statement. “We at the ACLU are proud to stand in support of this legislation.”

The ACLU’s website states the Do No Harm Act would prevent the RFRA from being “invoked to trump the rights of others” in areas including: nondiscrimination laws, workplace laws regarding wages and compensation, laws protecting children’s welfare, laws ensuring access to healthcare, provision of goods and services under government grants and contracts, and provision of government services.

Calling the Do No Harm Act “an urgently needed course correction,” Jennifer C. Pizer, Senior Counsel and Director, Law & Policy Project at Lambda Legal stated “the federal RFRA law absolutely needs this clarification.”

Since long before the LGBT civil rights movement even started, our communities have been targeted by religion-based efforts to condemn, control, and restrict the lives and equal opportunities of gay and transgender people, same-sex couples, and people living with HIV.

In recent years, too many of those who oppose the equality and inclusion of LGBT people have insisted upon religious exemptions from laws providing nondiscrimination and other protections everyone should have at work, at school, in medical offices and in social services.

The bill was introduced by Democratic Reps. Joe Kennedy of Massachusetts and Bobby Scott of Virginia.

State legislatures last year filed dozens of so-called RFRA bills they claimed were modeled on the federal law, but greatly expanded the definition of “individual” to include any entity, including for-profit corporations.

 

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