ACLJ Disappointed Senate Rejects Amendment to Protect Conscience Rights of Americans with HHS Regs

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, said it is disappointed with today's Senate vote rejecting an amendment that would have protected the conscience rights of millions of Americans by giving them an opportunity to opt out of regulations by the Department of Health and Human Services (HHS). The ACLJ has sent HHS Secretary Sebelius a legal analysis on behalf of nearly 70,000 Americans urging the removal of the language forcing Americans to violate their constitutionally-protected right to the free exercise of religion.

"The Senate missed an important opportunity to act on behalf of millions of Americans who understand that the HHS regulation violates religious liberty and their conscience rights," said Jay Sekulow, Chief Counsel of the ACLJ. "We appreciate the effort of Sen. Roy Blunt to give Americans an opportunity to opt out of this troubling measure. Unfortunately, a majority of the Senate has decided to back the constitutionally-flawed Obama Administration measure which violates the conscience rights and deeply held religious beliefs of millions of Americans."

The ACLJ has contended from the start that the HHS mandate and subsequent compromise by the Obama Administration still represent a dangerous intrusion by the federal government that places religious organizations at risk.

The HHS measure requires religious institutions, such as religious schools and hospitals, to include abortion-inducing drugs, sterilization, and contraception in their insurance policies for employees.

In submitting its legal analysis to Secretary Sebelius, the ACLJ argued that the mandate violates the First Amendment's Free Exercise Clause as well as the Religious Freedom Restoration Act (RFRA). Further, the ACLJ contends the "accommodation" is "a smoke and mirrors game" that does nothing to remove the burden on religious exercise imposed by the contraception mandate.

The legal analysis is posted here. The ACLJ heard from nearly 70,000 Americans who do not want to be forced to choose between obeying the law and violating their faith.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice (ACLJ), focusing on constitutional law, is based in Washington, D.C.