On the recordDecember 22, 2022
I commend my colleague's efforts to ensure this bill has strong religious liberties protections. We share that intent. I am told that the title VII religious exemption, which is specifically referred to and which, by the way, was drafted by House Republican Virginia Foxx. It addresses the issue. Analysis from Senator Burr's HELP counsel shows that Federal courts have interpreted title VII broadly beyond hiring and firing. This is based upon decisions from the liberal Ninth Circuit and the more conservative Fourth. I am told by attorneys that adding language to the bill actually, paradoxically, increases the ability of a liberal court to reinterpret previous jurisprudence. I don't strongly oppose this, but because of the attorneys telling me that it would increase the likelihood of changing previous jurisprudence, which clearly is in favor of these religious employers having abilities that we all want them to have, I will oppose. I yield the floor.
