House GOP, pro-life groups plan continued fight of D.C. law

The House of Representatives passed a resolution last week that would have blocked a Washington, D.C., measure some say violates religious freedom. But with President Barack Obama’s promised veto of the resolution, pro-life organizations are preparing to continue fighting the law.

The Council of the District of Columbia crafted the Reproductive Health Non-Discrimination Amendment Act (RHNDA) to prevent discrimination against employees based on their reproductive decisions, including abortions. But the act could prevent pro-life organizations such as The Heritage Foundation, the National Right to Life Committee (NRLC), and Americans United for Life (AUL), from considering the abortion views of current or potential employees.

The resolution of disapproval sponsored by Rep. Diane Black, R-Tenn., faced a slim chance of passing the Senate.

“This legislation would give employers cover to fire employees for the personal decisions they make about birth control and their reproductive health,” according to a statement from the White House.

But the act violates the Religious Freedom Restoration Act and First Amendment rights, pro-life organizations say. In a letter to Congress, NRLC called the law’s exemption narrow and said it doesn’t apply to the organization.

Heritage Foundation analysts predict mandated abortion insurance under the measure. Though the D.C. Council is working to pass legislation that prevents abortion coverage under the law, The Heritage Foundation said the patch only proves the law’s “suspect” content. “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.

Despite the resolution’s doom, “[It] sends an important message to courts and public opinion that D.C. has overreached,” said Ovide Lamontagne, general counsel for AUL.

Now a coalition of D.C.-based pro-life organizations is fighting the act. AUL president Charmaine Yoest said defeating RHNDA is “vital for preserving the constitutional freedoms of pro-life organizations based in Washington, D.C., who could be forced to hire people who work in opposition to the mission of creating a country in which everyone is welcomed in life and protected in law.”

Lamontagne said legislation and litigation remain potential courses of action for the organizations. Alliance Defending Freedom has promised to represent any of the organizations should the city file suit in court to enforce the law, he said.

“[The resolution] was a good first step,” said Douglas Johnson, legislative director at NRLC. “But it won’t end there.”

The Heritage Foundation plans to promote a rider to an appropriations bill through the spring and summer that would strike down the law.

The Associated Press contributed to this report.