It has taken over twenty years, but Congress is finally holding hearings to limit the impact of the toxic Religious Freedom Restoration Act (RFRA) on civil rights. Two bills have been introduced in Congress that would carve back RFRA’s destructive reach—the Equality Act and the Do No Harm Act. Both focus on curtailing the capacity of RFRA to promote discrimination against LGBTQ persons, but the Do No Harm Act further limits the harm that RFRA engenders against the vulnerable, including children.
I am sincerely concerned about the false RFRA narrative that has taken over both sides of the debate over the Equality and Do No Harm Acts. The proponents of both acts need to restart their arguments by tapping into the true story behind RFRA. They are making unnecessary concessions by whitewashing RFRA’s history, intent, and effect. Despite its title, RFRA did not “restore” actual case law. Rather, it introduced a license to lawlessness.