Conservatives scramble to kill D.C. pro-abortion hiring mandate

A congressional committee on Tuesday approved a Republican-sponsored resolution that would overturn a District of Columbia law targeting the city’s pro-life organizations.

D.C.’s Reproductive Health Non-Discrimination Amendment Act (RHNDA) prevents employers from basing actions toward employees on their health decisions, particularly abortion or birth control. But conservatives, led by resolution sponsor Rep. Diane Black, R-Tenn., say the measure prevents D.C.-based organizations like Family Research Council and Heritage Foundation from considering a job-seeker’s views on abortion.

“This coercive measure would ban pro-life organizations in D.C. from even considering a job seeker’s views on abortion as a condition of employment,” Black said in a statement. “This is an affront to the conscience rights of every American who believes, as I do, in the cause of protecting the unborn. Congress must not remain silent while this injustice unfolds.”

Even former D.C. Mayor Vincent Gray opposed the measure over constitutionality concerns.

Congress has the power to overturn all measures passed in D.C. And if Black’s resolution succeeds, this will be the first D.C. measure overturned in more than 20 years.

But Congress is running out of time on the May 2 deadline. And the resolution needs both congressional approval and the president’s signature. House Minority Leader Nancy Pelosi, D-Calif., has already expressed disapproval of the resolution, calling it “outrageous.”

“Allowing employers to fire employees for using birth control, or in vitro fertilization, or any other reproductive health care service is an unconscionable intrusion into workers’ personal lives,” she said.

But the law’s opponents, like Rep. Tim Walberg, R-Mich., say it violates First Amendment rights. The measure could force pro-life organizations to add abortion insurance to their health care plans, according to the Heritage Foundation. The D.C. Council is working to pass a measure that prevents mandated abortion coverage, but Heritage analysts say the fix is only temporary.

“Rather than tinker with the legislation after the fact, the city should never have passed such a legally suspect law in the first place,” the organization said in a report.

The Family Research Council also notes the bill violates the federal Religious Freedom Restoration Act (RFRA), which prevents the government from burdening the exercise of religion unless it proves a compelling interest and meets it through the least restrictive means.

“Congress’ disapproval of RHNDA ensures our constitutionally-protected ability as Americans to operate in accordance with our moral or religious beliefs and ensures that they remain free of government intrusion,” said Arina Grossu, director of FRC’s Center for Human Dignity.