Congress kills defense bill religious liberty provision

WASHINGTON—Conservative lawmakers scored a win and took a hit in this morning’s deal for a sweeping defense spending bill. The package rejects plans to require women to register for the draft but does not include a religious liberty amendment to protect faith-based contractors.

In April, a Republican-led congressional committee passed an amendment requiring women ages 18 to 25 to register for Selective Service—baffling the more conservative members of the conference. Lawmakers on both sides of the aisle expressed interest in pursuing a military draft for women but ultimately decided to hold off on the idea for this year’s defense policy bill.

Conservatives let out a sigh of relief at the draft provision’s demise, even as they compromised on other areas within the bill important to their constituents. Senate Democrats threatened to filibuster the entire $618.7 billion package if Republicans did not expunge a religious liberty amendment from Rep. Steve Russell, R-Okla., which aimed to protect faith groups from discrimination in their work contracts with the Defense Department.

“I’m confident we will see this brought to a complete resolution in the near term,” Russell told me. “They’re tactical ways and then there are strategic ways, but I don’t think anyone on the opposing side of this issue is under any illusion that they somehow won.”

Russell said he’s disappointed his amendment failed, but he told me he has “positive signs” of full support from President-elect Donald Trump’s future administration.

During the 19-hour National Defense Authorization Act (NDAA) markup last summer, Russell offered the religious liberty language, known as the Russell Amendment, along with 12 other modifications, without any initial pushback. But liberal activist groups and progressive lawmakers soon started working to derail the provision.

The Russell Amendment affirmed prior policy that faith-based organizations are no less eligible than secular organizations to deliver federally funded services. Russell told me the amendment does not discriminate against any person or group but seeks to ensure contractors receive fair treatment regardless of their religious beliefs—a practice complicated by a 2014 executive order barring federal contractors from considering sexuality and gender identity when making hiring decisions.

Without the protection, Christian ministries could be forced to squelch their religious convictions or lose their federal contracts.

Last month, Senate Democrats and President Barack Obama signaled they would freeze the NDAA if Republicans didn’t toss the Russell Amendment. A group of 42 Senate Democrats sent a letter outlining their concerns to Armed Services committees in both chambers.

“This provision would jeopardize protections against discrimination for LGBT workers on the basis of sexual orientation and gender identity,” the lawmakers wrote. “This discrimination erodes the freedoms that our military has fought for generations to protect.”

Democrats only need 40 senators to filibuster the package, and President Barack Obama promised to veto the bill if it included the Russell Amendment.

“Even after enduring an electoral defeat, the Obama administration and its left-wing allies continue to use America’s military as a pawn to undermine religious liberty,” Dan Holler, Heritage Action vice president, said in a statement.

David Christensen, vice president for government affairs at the Family Research Council (FRC), also expressed frustration over the outcome. But he told me he’s optimistic the Russell Amendment will come back under the Trump administration.

“The Obama administration has turned our military into a social engineering laboratory,” Christensen said. “And we hope the next administration will take these issues seriously.”

He added FRC is grateful lawmakers came to their senses and decided not to require women enter the draft. Russell also opposed the draft provision and hopes for more open debate should it come up in the future.

Other lawmakers refuse to entertain the idea at all.

“[A]s a father of a daughter, and as a husband, I could not throw my support behind a measure that would put our mothers, sisters, and daughters in harm’s way—often against their will and especially at this time, when there is no compelling reason to do so,” said Rep. Doug Lamborn, R-Colo., a member of the House Armed Services Committee.

House lawmakers expect to vote on the NDAA as early as Friday, with action in the Senate coming next week.