Financial Services and General Government Appropriations Act, 2017

Floor Speech

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Ms. NORTON. Mr. Chair, I strongly oppose this amendment. The amendment prohibits the District of Columbia from using its local funds, consisting of local taxes and fees, to enforce a local nondiscrimination law, the Reproductive Health Non-Discrimination Amendment Act, giving employers license, in the name of religion, to discriminate against employees, their spouses and their dependents based on their private, constitutionally protected reproductive health decisions. Contrary to the sponsor's claim, the D.C. law does not require employers to provide insurance coverage for reproductive health decisions. The law states expressly: ``This section shall not be construed to require an employer to provide insurance coverage related to a reproductive health decision.''

The amendment permits employers to fire a woman for having an abortion due to rape, or to decline to hire a woman for using in vitro fertilization, or to fire a man for using condoms, or to reduce the salary of a parent for buying birth control for his or her child.

The D.C. law is valid under both the U.S. Constitution and federal law. Indeed, the law has been in effect for more than a year, and there appear to have been no lawsuits challenging it.

Under the U.S. Constitution, laws may limit religious exercise if they are neutral, generally applicable and rationally related to a legitimate governmental interest. The D.C. law applies to all employers, does not target religion and promotes workplace equality. Under the federal Religious Freedom Restoration Act, which applies to D.C., laws may substantially burden religious exercise if they further a compelling governmental interest in the least restrictive means. D.C. has a compelling interest in eliminating discrimination, and the D.C. law is the least restrictive means to do so.

The D.C. law protects religious liberty. The law is subject to constitutional and statutory exceptions to non-discrimination laws. The Constitution's narrow ministerial exception allows religious organizations to make employment decisions for ministers and ministerial employees for any reason whatsoever. D.C. law permits religious and political organizations to make employment decisions based on religion and political views. Under the D.C. law, employees must be willing to carry out employers' missions and directives.

I urge Members to vote NO on this amendment in order to protect employees' reproductive health decisions, workplace equality and D.C.'s right to self-government.

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