It’s been in the paperwork for months, but the “exciting” political environment has overshadowed the potential religious liberty fight brewing in the 2017 National Defense Authorization Act. The House version of the NDAA contains a simple, if seemingly obtuse, statement known as the Russell Amendment (via Rep. Steve Russell, R-OK, who offered the amendment):
Any branch or agency of the Federal Government shall, with respect to any religious corporation, religious association, religious educational institution, or religious society that is a recipient of or offeror for a Federal Government contract, subcontract, grant, purchase order, or cooperative agreement, provide protections and exemptions consistent with sections 702(a) and 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1(a) and 42 U.S.C. 2000e-2(e)(2)) and section 103(D) of the Americans with Disabilities Act of 1990 (42 USC 12113(D)).
The short version of the story is that in 2014 President Obama issued an Executive Order that required anyone wanting to do business with the Federal government to affirmatively state they hire without regard to “sexual orientation or gender identity.” That could very well affect a large number of contractors who do hire with regard to such issues — because they hire based on the requirements of their religious faith.
The Russell Amendment basically Read more