Hatch on Supreme Court Decision on Religious Freedom

Press Release

U.S. Senator Orrin Hatch (R-Utah), a current member and former Chairman of the Senate Judiciary Committee and a lead author of the Religious Freedom Restoration Act (RFRA), issued the following statement today after the Supreme Court decided that the U.S. Department of Health and Human Services (HHS) rule mandating that women's preventative services be covered by all health insurance plans -- as a requirement of the President's health law -- is a violation of the Religious Freedom Restoration Act (RFRA):

"I applaud the Supreme Court's decision to protect the religious freedom of all Americans, both individually and collectively. The notion that religious freedom belongs only to some, and even then only in private, defies our nation's traditions, our laws, and our Constitution. And 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. That's why RFRA passed Congress overwhelmingly more than 20 years ago, and why it was so appalling when the Obama administration ignored our rights and violated the law by adopting this mandate. While the Obama Administration and its allies have tried to make this simply a dispute over birth control, the Supreme Court agreed that the real issue is whether the Obama administration can ignore the law and, in doing so, trample religious freedom. Today's decision reaffirms the supremacy of our nation's laws and rights over President Obama's divisive agenda."

NOTE: Hatch was the lead Republican sponsor of RFRA when it passed Congress in 1993 (by a 97-3 vote in the Senate, and unanimously in the House) and was signed into law by President Clinton. The law provides that the government may not substantially burden a person's exercise of religion unless it is the least restrictive means of furthering a compelling government purpose. In February 2013, Hatch led a group of Members of Congress in filing an amicus brief in support of Hobby Lobby's rights under RFRA when the case was before U.S. Court of Appeals for the 10th Circuit, and led a second group in submitting a legal brief in the case currently before the Supreme Court.

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