WASHINGTON – HR 5, in the U.S. House, and S. 788, in the Senate, misnamed the “Equality Act,” takes the unpreceded step of eliminating the Religious Freedom Restoration Act of 1993 (RFRA) as a claim or defense to the application of many federal laws. This bill drastically alters religious freedom in all cases, not just those involving LGBT.
For example, the Civil Rights Act of 1964 permits houses of worship to make employment decisions based on religion. This recognizes the essential right for houses of worship to employ those who align with their religious doctrine. The “Equality Act” would abolish this fundamental right. Catholic and Christian churches could be forced to hire atheists. If a synagogue preferred a Jew over a Muslim, it would not be able to raise RFRA as a claim or defense.
RFRA is a federal law that protects religious freedom. Specifically, it “prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person.”
However, HR 5 clearly forbids raising RFRA as a claim or defense to the application to the “Equality Act” and many other federal laws that would be amended by this bill.
This “Equality Act” extends the federal protections to include sexual orientation, gender identity, and pregnancy, i.e. abortion. HR 5 applies to employment, housing, rental, public accommodation and more. In addition, the terms “sexual orientation” and “gender identity” will be defined to mean “pregnancy, childbirth, or a related medical condition.” In other words, under the terms of this bill, “pregnancy, childbirth or a related medical condition… shall not receive less favorable treatment than other physical conditions.” The “Equality Act” also expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services.”
After passing the House Judiciary Committee recently, the “Equality Act” will now go to the House next week and then be sent to the Senate, where the bill number is S. 788.
“The so-called ‘Equality Act’ eviscerates freedom in general and religious freedom in particular,” said Mat Staver, Founder and Chairman of Liberty Counsel. “It is the most serious threat to life and liberty to ever be proposed by Congress. This bill needs to be stopped in the Senate. If this bill becomes law, the consequences are staggering.”
