Controversial 'Religious Liberty' Provision Puts Defense Bill in Limbo

Senate Democrats are urging their Republican colleagues to dump a controversial "religious liberty" provision as they draft a final version of the National Defense Authorization Act (NDAA), warning that such an amendment to the defense policy bill could open the floodgates to widespread employment discrimination based on religion, gender and sexual orientation.

Rep. Steve Russell, R-Okla., speaks during an off the record meeting with reporters and GOP freshmen members on March 24, 2015. Tom Williams / CQ-Roll Call

NDAA is a must-pass bill, as it authorizes defense spending for the upcoming fiscal year. The controversial Russell Amendment was proposed by Representative Steve Russell, a Republican congressman from Oklahoma, and would expand religious exemptions for any employer that is a federal contractor, subcontractor, recipient of a federal grant or participant in a federal purchase order.

The amendment was added to the House version of the NDAA in the middle of the night and passed through the House without a hearing. However, the amendment was not included in the Senate versions of the bill. Negotiations between the heads of the Armed Services Committee, including Arizona Republican John McCain, on whether or not to accept the amendment into the Senate version of the NDAA will most likely continue during the lame duck period.

Senator John McCain could play a decisive role during negotiations on whether to accept the Senate version of the NDAA as the final version, thereby killing the Russell Amendment. REUTERS/Marko Djurica/File Photo MARKO DJURICA / Reuters

In a letter addressed to the House and Senates Armed Services Committee, members of Congress, led by Democratic Senator Richard Blumenthal of Connecticut, urged the committees to exclude the amendment, also known as Section 1094 of the NDAA, saying it "would essentially sanction federally funded religious discrimination, contradicting the First Amendment which prohibits religious exemptions like this that result in harm to others." The letter was signed by 42 Democratic senators, including Hillary Clinton's vice presidential pick, Tim Kaine.

"Clearly, it's an issue that has reached [negotiators], and what we're doing here is sounding an alarm about how strongly and widely-held the belief is that this measure should be removed," Sen. Blumenthal told reporters on a conference call Tuesday. He added that he has never voted against an NDAA and is "very hopeful" he won't have to vote against it this time.

But if the Russell Amendment ends up in the final version of the bill that goes to the Senate floor, Sen. Blumenthal left open the possibility of a filibuster. "We will have to consider all the options," he said.