Local laws passed by the District of Columbia City Council and signed by the mayor must then be approved by Congress in order to become law. Because of D.C.’s unique character as a federal district rather than a city or a state, the Constitution grants Congress the authority to legislate in D.C. So, even though a law may only affect the District of Columbia, it is a matter of oversight for Congress.
On January 23, 2015 the D.C. mayor signed two pieces of problematic legislation: The Reproductive Health Non-Discrimination Amendment Act of 2014, (RHNDA) and the Human Rights Amendment Act of 2014, (HRAA). The District of Columbia officially transmitted this legislation to Congress on March 6, 2015.
These acts are a direct threat to the First Amendment and our first right, religious liberty. In a February 5, 2015 letter to Congress the U.S. Bishops, joining a coalition of D.C.-based local and national organizations, decried the legislation as “unprecedented assaults upon our organizations” as well as a violation of “the freedom of religion, freedom of speech, and freedom of association protected by the First Amendment and other federal law.” You can read the letter here.
The first act is called The Reproductive Health Non-Discrimination Amendment Act of 2014, (RHNDA). A press release issued by the USCCB explains that it“…prevents religious institutions, faith-based employers, and pro-life advocacy organizations in the city from making employment decisions consistent with their sincerely held religious beliefs or moral convictions about the sanctity of human life…. The law plainly violates the First Amendment, the federal Religious Freedom Restoration Act of 1993 (RFRA), and possibly other federal laws….” For example, this law could force pro-life organizations to hire as spokespersons people who are actively participating in abortion.
The second act approved by the City Council is the Human Rights Amendment Act of 2014, (HRAA). The press release explains that the act “…requires religiously affiliated educational institutions to endorse, sponsor, and provide school resources to persons or groups that oppose the institutions’ religious teachings regarding human sexuality.” This act also clearly violates the First Amendment and RFRA. You can read the full press release here.
Senate: On March 18, 2015 S.J. Res. 10 and 11 were introduced by Senator Ted Cruz (R-TX) and co-sponsored by Senator James Lankford (R-OK). These resolutions of disapproval would have stopped RHNDA and HRAA respectively if passed by both houses of Congress and signed by the president. However, no further action was taken in the Senate.
House: On April 14, 2015, Rep. Diane Black (R-TN) introduced a resolution of disapproval for RHNDA (H. J. Res. 43). Also on April 14, Rep. Vicki Hartzler (R-MO) introduced a resolution of disapproval for HRAA (H. J. Res. 44). Both measures were referred to the Committee on Oversight and Government Reform.
Markup: On April 21, 2015, during a full Committee hearing, H. J. Res. 43 was approved, 20-yes, 16-no. This allowed for further consideration of the measure by the entire House.
Floor: On April 30, 2015, the House passed H. J. Res. 43, 228-yes, 192-no, 11-not voting (Roll Call 194).
Law: Since no further action was taken on either H.J. Res. 43 or H.J. Res. 42, both RHNDA and HRAA automatically became effective on May 2, 2015.
