Do No Harm Act
- Sponsor
- Rep. Scott, Robert C. "Bobby" [D-VA-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 6, 2025
Bottom line
The Do No Harm Act aims to prevent the Religious Freedom Restoration Act from being used to justify actions that harm third parties or infringe upon civil rights, thereby rebalancing religious freedom with other fundamental protections.
What it actually does
This bill amends the Religious Freedom Restoration Act of 1993 (RFRA) to prevent its application from overriding federal laws that provide protections against discrimination, ensure equal opportunity, mandate worker wages and benefits, safeguard children, or guarantee access to healthcare. It also clarifies that RFRA cannot be used in litigation between private parties, limiting its scope to cases where the government is a party.
Proponents argue
Supporters argue the bill restores RFRA to its original intent, preventing it from being used as a shield for discrimination or to deny essential services, thus protecting vulnerable populations and ensuring equal application of civil rights laws.
Opponents contend
Opponents might argue that the bill unduly restricts religious freedom by carving out broad exceptions, potentially forcing religious individuals or organizations to act against their sincerely held beliefs, thereby undermining the protections RFRA was designed to provide.
The bill is very short and straightforward, making it highly accessible for a quick read and understanding its core intent.
Section 2(d)(1)(A)
Protection Against Discrimination and Promotion of Equal Opportunity
This provision specifies that RFRA cannot be used to undermine federal laws that protect against discrimination or promote equal opportunity. It explicitly lists acts like the Civil Rights Act of 1964, Americans with Disabilities Act, Family and Medical Leave Act, and Violence Against Women Act, ensuring religious exemptions cannot be claimed against these protections.
Supporters argue
Supporters argue this provision is crucial to prevent religious freedom from being weaponized to justify discrimination, ensuring that civil rights protections are universally applied and that vulnerable groups are not denied services or opportunities.
Critics contend
Opponents might contend that this provision infringes upon the religious freedom of individuals or organizations who hold sincere beliefs that conflict with certain anti-discrimination mandates, arguing it forces them to violate their conscience.
Tradeoffs
Balances the exercise of religious freedom against the imperative to protect civil rights and ensure equal opportunity for all citizens.
Section 2(d)(1)(B)
Protection for Worker Rights and Benefits
This clause prevents RFRA from being applied to federal laws that require employers to provide wages, compensation, benefits (including leave), or standards protecting collective activity in the workplace. This means religious employers cannot claim an exemption from labor laws based on religious beliefs.
Section 2(d)(1)(C)
Protection Against Child Labor, Abuse, and Exploitation
This section clarifies that RFRA cannot be used to justify actions that violate federal laws protecting children from labor, abuse, or exploitation. This ensures that religious freedom claims cannot be used to circumvent child protection statutes.
Section 2(d)(1)(D)
Access to Healthcare Items and Services
This provision states that RFRA does not apply to federal laws ensuring access to, information about, referrals for, provision of, or coverage for any health care item or service. This aims to prevent religious objections from limiting access to comprehensive healthcare, including reproductive health services.
Section 2(d)(2)
Terms of Government Contracts and Funded Programs
This clause specifies that RFRA does not apply to terms in government contracts, grants, cooperative agreements, or other awards that require a good, service, function, or activity to be performed for or provided to a beneficiary or participant in a government-funded program. This means entities receiving federal funds cannot use RFRA to refuse services based on religious grounds.
Section 2(d)(3)
Equal Enjoyment of Government-Provided Goods and Services
This provision clarifies that RFRA cannot be applied to deny a person the full and equal enjoyment of any good, service, benefit, facility, privilege, advantage, or accommodation provided by the government. This ensures that government entities themselves cannot use religious freedom as a basis for denying equal access to public services.
Section 3(b) amending Section 3(c) of RFRA
RFRA Limited to Government as a Party
This amendment clarifies that RFRA only applies to judicial proceedings where a government is a party and relief is sought against that government. It explicitly prevents RFRA from being used in litigation between private parties, thereby limiting its scope to government actions.