http://online.wsj.com/articles/supre...law-1404155510
Supreme Court's Hobby Lobby Ruling Ignites Debate Over Religious-Freedom Law
Decision Cites Two-Decades-Old Religious Freedom Restoration Act
By KRISTINA PETERSON
June 30, 2014 3:11 p.m. ET
WASHINGTON—Monday's Supreme Courtdecision enabling some private companies to opt out of the federal health law's contraception coverage requirements ignited partisan dueling over not just the 2010 health-care law but over a 1993 religious-freedom law cited in the decision.
The high court's decision in the Hobby Lobby case refocused attention on the Religious Freedom Restoration Act that passed Congress overwhelmingly in 1993, with the support of some lawmakers still serving in both the House and Senate. The statute requires federal laws to accommodate individuals' religious beliefs unless there is a compelling interest at stake that can't be attained through other means.
While Republicans on Monday triumphantly pointed to the law's role in the decision, Democrats said they hadn't anticipated the law would be so broadly expanded.
In the case, the owners of Hobby Lobby Stores Inc., an Oklahoma City arts-and-crafts chain owned by an evangelical Christian family, and other companies challenged the Affordable Care Act by saying their religions consider certain birth-control methods immoral and therefore they weren't obliged to help provide them under the religious-freedom law.
The Supreme Court's majority agreed, citing the religious-freedom law in its decision.
Sen. Orrin Hatch of Utah, the lead Republican sponsor of the religious-freedom law when it passed the Senate in a 97-3 vote, said Monday's decision affirmed Congress' decision to pass the law in the first place.
"As the Supreme Court rightfully said today, the Religious Freedom Restoration Act could not have been clearer in saying religious liberty of all Americans must be equally protected and not unnecessarily burdened," Mr. Hatch said in a statement. "That's why RFRA passed Congress overwhelmingly more than 20 years ago."
The bill passed the House on a voice vote and was signed into law by President Bill Clinton.
But Democrats who had supported the law in 1993 said they hadn't intended for it to be used as a shield protecting for-profit employers from the health law's requirements. The 1993 law refers to "persons" and the Obama administration contended that the law doesn't include for-profit companies like Hobby Lobby.
"No matter how sincerely held a religious belief might be, for-profit employers—like Hobby Lobby and Conestoga Wood—should not be allowed to wield their beliefs as a means of denying employees access to critical preventive health-care services," said Rep. Jerrold Nadler (D., N.Y.) who supported the law in 1993. At the time, lawmakers kept in place a principle that religion doesn't exempt for-profit businesses from complying with civil rights laws, for example, Mr. Nadler said.
The bill was introduced in March 1993 by Charles Schumer of New York, then in the House, now a member of the Senate's Democratic leadership. Mr. Schumer joined a group of 18 other Senate Democrats who filed an amicus brief supporting the Obama administration in the Hobby Lobby case. In the brief, the Democrats had urged the court to clarify that the religious-freedom law doesn't permit for-profit businesses to deny health coverage to their employees based on their owners' religious objections.
In a statement Monday, Mr. Schumer called the Supreme Court's decision "dead wrong," saying the law he introduced was intended to give individuals the ability "to exercise their religious beliefs without government interference." The law "was not intended to extend the same protection to for-profit corporations, whose very purpose is to profit from the open market," he said.
Republicans had filed their own briefs supporting the challengers and arguing that the health law's mandate violated the religious-freedom law.
The law in question was originally intended to nullify a decision from Justice Antonin Scalia in the early 1990s that denied religious exemptions from generally applicable laws. The dispute arose when Oregon denied unemployment benefits to adherents of a Native American religion who used peyote, a controlled substance, in their ceremonies.
—Jess Bravin, Beth Reinhard and Louise Radnofsky contributed to this article.