Murray Leads Senate Democrats Amicus Brief in SCOTUS Case

Press Release

Today, U.S. Senator Patty Murray (D-WA) will lead a group of Senate Democrats in filing an amicus brief in support of the government's position in the case of Sebelius v. Hobby Lobby Stores, Inc., which is currently pending before the Supreme Court of the United States. The brief to be filed by Senator Murray and her colleagues provides an authoritative account of the legislative history and intent underlying the Religious Freedom Restoration Act of 1993 (RFRA) and the Affordable Care Act (ACA). The Senators urge the Supreme Court to reverse the Tenth Circuit's expansion of RFRA's scope and purpose as applied to secular, for-profit corporations and their shareholders seeking to evade the contraceptive-coverage requirement under the ACA.

As Members of Congress at the time of RFRA's debate and passage, Senator Murray and her fellow signatories are uniquely situated to explain the legislative intent underlying RFRA--that in passing RFRA, Congress did not intend to, nor did it, extend free-exercise rights to secular, for-profit corporations. Similarly, as Members of Congress during the debate and passage of the ACA, Senator Murray and her colleagues are most qualified to explain how exempting secular, for-profit corporations from the ACA's contraceptive-coverage requirement is inconsistent with the plain language and legislative intent of RFRA, and undermines the government's compelling interest in providing women access to preventive health care under the ACA, including contraceptive-coverage.

Senator Murray will be joined in filing the brief by the following: Senators Baucus, Boxer, Brown, Cantwell, Cardin, Durbin, Feinstein, Harkin, Johnson, Leahy, Levin, Markey, Menendez, Mikulski, Reid, Sanders, Schumer and Wyden.

Sen. Murray's remarks excerpts as prepared:

"Allowing a woman's boss to call the shots about her access to birth control should be inconceivable to all Americans in this day and age, and takes us back to a place in history when women had no voice or choice."

"What's at stake in this case before the Supreme Court is whether a CEO's personal beliefs can trump a woman's right to access free or low-cost contraception under the Affordable Care Act. Every American deserves to have access to high quality health care coverage regardless of where they work. And each of us should have the right to make our own medical and religious decisions without being dictated to or limited by our employers. Contraceptive coverage is supported by the vast majority of Americans who understand how important it is for women and families."

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