A group of Republican senators is pushing to reinstate a Trump-era rule that expanded religious exemptions for federal contractors after the Biden administration reversed the former president’s policy.
At least 25 GOP senators signed on to a Congressional Review Act resolution seeking to reverse President Joe Biden’s Department of Labor rule. The Trump policy, established near the end of his term, protected federal contractors from discrimination-based lawsuits if they make employment decisions based on religion.
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The Trump rule expanded protections already on the books for expressly religious employers, broadening it to include those that “hold themselves out to the public as carrying out a religious purpose.”
“Federal contractors should not have to check their faith at the door because they want to do business with the federal government,” said Sen. James Lankford (R-OK), who is helping spearhead the effort. “The First Amendment is clear that everyone in our nation has the right to have a faith, live their faith, change their faith, or have no faith at all. No American should be forced by any Administration to choose between their First Amendment freedom and doing business with the federal government.”
Opponents of the Trump rule argued it weakened anti-bias laws. However, proponents said contractors have a First Amendment right to make employment decisions based on religious affiliation, accusing the Biden administration of infringing on religious freedoms.
“President Trump’s rule was an important step to strengthen religious liberty protections for faith-based contractors,” said Sen. Ted Budd (R-NC), who is also leading the effort. “The Biden administration’s reversal of this rule needlessly targets faith-based organizations that simply want to serve our communities alongside their secular counterparts without violating their religious beliefs.”
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The Trump-era policy went into effect on Jan. 8, 2021. However, the Labor Department later walked back the policy under the Biden administration, announcing in November 2021 it would begin reining in its exemptions.
The CRA has already garnered support by more than half of GOP senators, including Sens. Lankford, Budd, Bill Cassidy (R-LA), Marsha Blackburn (R-TN), John Barrasso (R-WY), Ted Cruz (R-TX), Marco Rubio (R-FL), Rick Scott (R-FL), John Cornyn (R-TX), Mike Braun (R-IN), J.D. Vance (R-OH), Roger Marshall (R-KS), Cindy Hyde-Smith (R-MS), Josh Hawley (R-MO), Roger Wicker (R-MS), Lindsey Graham (R-SC), Steve Daines (R-MT), Katie Britt (R-AL), Kevin Cramer (R-ND), Mike Lee (R-UT), Jim Risch (R-ID), Bill Hagerty (R-TN), Tommy Tuberville (R-AL), John Thune (R-SD), and Mike Crapo (R-ID).
