[Congressional Record Volume 165, Number 36 (Wednesday, February 27, 2019)]
[Extensions of Remarks]
[Page E217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCTION OF THE DISTRICT OF COLUMBIA NON-DISCRIMINATION HOME RULE
ACT OF 2019
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HON. ELEANOR HOLMES NORTON
of the district of columbia
in the house of representatives
Wednesday, February 27, 2019
Ms. NORTON. Madam Speaker, today, I introduce the District of
Columbia Non-Discrimination Home Rule Act of 2019 to end the unique
applicability of the federal Religious Freedom Restoration Act of 1993
(RFRA) to the District of Columbia. My bill would protect the
District's right to self-government, ensuring the District is treated
the same as states, and defend LGBTQ and reproductive rights in D.C.
RFRA, which provides more protection for religious exercise than the
First Amendment requires, applies to the federal government, the D.C.
government and the territorial governments, but not to state
governments. As RFRA does not apply to the states, under the principles
of home rule, it should likewise not apply to the District.
While RFRA was designed to be a shield to protect religious freedom,
it is being used, as evidenced by the Supreme Court's 2014 Hobby Lobby
decision, as a sword to discriminate against the LGBTQ community and
women. Members of Congress have used RFRA as a justification for
trying--but failing--to overturn D.C. antidiscrimination laws. House
Republicans have repeatedly tried since 2015 to nullify or block the
District's Reproductive Health Non-Discrimination Act (RHNDA), which
prohibits employers from discriminating against employees and their
families based on reproductive health decisions, claiming, in part,
that it violates RFRA. However, it appears that no one has challenged
RHNDA's legality under RFRA in court.
My bill ensures that District residents are treated the same as
residents of the states under RFRA. I strongly urge my colleagues to
support this legislation.
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