"Every American has a right to the free exercise of religion guaranteed by the First Amendment to our Constitution. This right has been upheld time and again by the Supreme Court over the last 200 years. It is offensive and unconscionable that this White House would put the politics of Obamacare ahead of Americans’ religious liberty," Senator Roberts said.
The brief filed in advance of the March 24, 2014, oral arguments challenging the U.S. Department of Health and Human Services (HHS) mandate, was signed by 15 members of Congress, including Roberts, who also voted for the Religious Freedom Restoration Act (RFRA). The brief documents the numerous ways in which the Obama Administration has unilaterally ignored the text of the law, while at the same time failing to protect Americans’ religious liberties.
Roberts continued, "Forcing employers to provide services in direct conflict with their strongly held religious beliefs, while giving waivers on other onerous Obamacare provisions to the administration’s political allies is wrong, period. It is my hope the court will protect our rights and overturn Obamacare's overreaching contraception mandate."
In the brief, the authors write that, “The government’s refusal to apply RFRA throughout the administrative process has resulted in a mandate that violates RFRA and turns the law of religious freedom upside down. RFRA places a heavy burden on the government and protects religion by default. But the [Health and Human Services] mandate places a heavy burden on religion and protects the government by default.”
The full brief can be found here.