By Congressman Gary Palmer
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Thus reads the First Amendment of the Constitution that our Founders intended to be, and should still be, the law of the land in every state, in every territory and even in the District of Columbia.
The Constitution was the guarantee of the principles expressed in the first sentence of the Declaration of Independence which is the definitive document of the American republic. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.” This sentence guaranteed that under this experiment of government, people in this nation could live out their lives in the context of ordered liberty to pursue their own happiness and well-being as they were inclined and able to do, including conducting their lives according to their sincere religious convictions.
In 2017 I believe most Americans still believe in these promises and that these promises are inviolate whether you live in Alabama or in Washington, D.C. While they may not be able to articulate these principles with the technical proficiency of a political science professor or a constitutional scholar, I also believe most Americans still embrace the idea that as long as it does not pose a threat or cause harm to others, an individual has the right to conduct their lives and their businesses in a way that does not violate their religious beliefs.
Protecting this right for the people of D.C. is why I offered an amendment to the 2018 appropriations bill. My amendment would prohibit funds from being used to implement the District of Columbia’s Reproductive Health Non-Discrimination Amendment Act of 2014 (RHNDA). This ordinance from the D.C. city council could make it a crime for an organization to refuse to provide health insurance coverage for abortions regardless of whether or not the owners of the business or organization believed that all life is sacred and of value.
Employers who oppose abortion and oppose paying for them as part of a compensation package have every right to exercise their freedom not to do so, and those who want to receive abortions or have them paid for by their employer have every right to seek employment from someone willing to do so. But forcing an employer to do that should never occur because it violates the basic principle of freedom. Freedom is not one group imposing its beliefs on others. Without my amendment, some employers in Washington would not only be prohibited from conducting their businesses according to their religious beliefs when it comes to issues such as abortion, but the D.C. city council would require them to enable practices in direct contradiction to their beliefs.
Many organizations in Washington such as March for Life, Americans United for Life and the National Right to Life Committee exist solely to protect life. Yet the D.C. city council is attempting to force these organizations to bow down and comply. Such flagrant disregard of religious liberty as guaranteed by the Constitution cannot be blindly ignored.
Former Washington Mayor Vincent Gray expressed his concerns with RHNDA. In a letter to the city council in December 2014, Gray wrote, “… the bill raises serious concerns under the Constitution and under the Religious Freedom Restoration Act of 1993 (RFRA). Religious organizations, religiously-affiliated organizations, religiously-driven for-profit entities, and political organizations may have strong First Amendment and RFRA grounds for challenging the law’s applicability to them.”
Article 1, Section 8, Clause 17 of the Constitution gives Congress legislative authority over the District of Columbia stating in brief that “[The Congress shall have power] To exercise exclusive legislation in all cases whatsoever, over such District…”
The D.C. city council may try to ignore the Constitution and our nation’s principles, but I, and hopefully most of my colleagues in Congress, remain steadfast in our dedication to upholding both our Constitution and the core principles of the Declaration of Independence.
Because the Constitution is the guarantor of the promises of the Declaration, every American has the opportunity to live their lives, secure in their liberties, in the pursuit of their happiness — including the happiness and fulfillment of living according to their religious beliefs. It is indeed an arrogant official hostile to the Constitution who would attempt to use the force of the law to infringe upon such people and the organizations and businesses they run.
About the Author: Rep. Gary Palmer represents Alabama’s 6th District and is chairman of the Oversight and Government Reform Subcommittee on Intergovernmental Affairs.
Publisher’s Credit: This opinion editorial was originally posted in The Hill, from where it is reposted in its entirety.
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