Congressional Democrats could pursue several options to limit the ruling. They could produce legislation removing corporations from the RFRA’s protection. Sen. Dick Durbin, D-Ill., has proposed requiring public disclosure of all employers who deny their employees contraceptive coverage pursuant to the Hobby Lobby decision.
After the Supreme Court handed down a defeat for supporters of the contraceptive mandate, which gave religious exemptions to for-profit, “closely-held corporations;” Democrats are moving to amend the Religious Freedom Restoration Act (RFRA).
When it was passed in 1993, the bill almost had unanimous support; three votes were against it in the Senate. It seems that our more left-leaning members on the Hill seem to think that RFRA is being used haphazardly to benefit conservatives. As Megan McArdle of Bloomberg View wrote yesterday, RFRA isn’t a “blank check:”
The Religious Freedom Restoration Act is not a blank check to religious groups to do what they want. The law says that the religious belief must be sincerely held, and also that the government can burden the exercise of that belief if it has a compelling state interest that cannot easily be achieved in any other way. That’s why no one has successfully started the Church of Not Paying Any Taxes, though people have been trying that dodge for years.