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Senate Democrats are moving forward with legislation to fix the Supreme Court's Hobby Lobby ruling which interpreted the Religious Freedom Restoration Act of 1993 (RFRA) as guaranteeing closely-held private corporations the right to deny birth control coverage to women.
On Monday, Senate Majority Leader Harry Reid filed cloture on legislation authored by Sens. Patty Murray of Washington and Mark Udall of Colorado that would codify guaranteed birth control coverage in health care plans offered to women. That could mean a cloture vote to end the all-but-certain Republican filibuster as early as Wednesday.
While Republicans are in position to block the legislation—thanks both to the filibuster and their control of the House—it will put them on record with where they stand on the Hobby Lobby ruling and it will serve as a reminder that the decision can be fixed by Congress without a constitutional amendment.
Because the Supreme Court's decision relied on on interpretation of the RFRA and not the First Amendment itself, Congress, by enacting legislation such as the bill offered by Murray and Udall, could override the court's ruling and guarantee women the same level of comprehensive health care coverage available to men. That won't happen this year, but the only thing that needs to change to make it happen is Congress.