The senators, led by Sen. Patty Murray (D-WA), on Tuesday filed an amicus brief on the upcoming Hobby Lobby and Conestoga Wood cases set to be heard late March, arguing that "secular, for-profit corporations" have no legal right to an exemption from the health care law's birth control mandate.House Democratic leadership, along with 87 rank and file members provide a similar argument: "The contraceptive coverage requirement does not substantially burden any exercise of religion in which the Corporations might be found to engage because it does not compel the Corporations to administer or use the contraceptive methods to which they object, nor does it require them to adhere to, affirm, or abandon a particular belief."
[...] They argue that RFRA's text and legislative history contradict the challengers' claims that they should be exempt from the birth control rule because it runs afoul of RFRA.
"Exempting secular, for-profit corporations from the Affordable Care Act's contraceptive-coverage requirement is inconsistent with RFRA's legislative history and intent, and undermines the Affordable Care Act’s carefully crafted balance between a compelling governmental interest and individual free-exercise rights," the senators write. [...] "Congress could have explicitly included secular for-profit corporations in RFRA. It did not."
The Court will hear the case in late March.