The Corner

Politics & Policy

Marriage and Religious Liberty: The RFRA Distraction

I gather that some opponents of the bill to put same-sex marriage into federal statute are saying that the Religious Freedom Restoration Act doesn’t apply to the bill. I’m against the bill, but that’s not true.

Legislation doesn’t have to mention RFRA to be subject to it. It applies unless the legislation explicitly says it is exempt from it. The recent contraceptive bill had that kind of carve-out. The marriage bill doesn’t.

The broad cultural and legal shift in favor of same-sex marriage obviously and generally threatens the right to act on opposition to it. The only way this bill could undermine RFRA specifically, though, is if opposing congressmen said its protections would not apply and some court seized on that legislative history to make the claim self-fulfilling.

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