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Democrat-backed 1993 law could sink contraception mandate

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    Issue of religious freedom up for debate

  • Duration 3:07
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New concerns for the White House this morning that a decades old law that was backed by Democrats could sink the president's health care law.

It's called the religious freedom restoration act it's mentioned in nearly every lawsuit that's been filed against the mandate.

A senator Tom Coburn of Oklahoma in the Senate Finance Committee between -- good morning to you.

The morning and this goes back -- 1993.

Pushed by then house rep Charles Schumer from New York.

And the late Senator Kennedy at a Massachusetts what what was the design behind that over the trying to do -- -- Well actually just.

Any time the government does what they have to do this do that in a way that will not infringe on religious liberties.

And the burden of proof then becomes -- for the government to do that.

And in the case with the president's -- percent -- Mandate.

For.

Faith based organization.

What they're gonna have to prove is that there was no other way to actually accomplish this through the government other than taking away here.

Or limiting religious freedom.

And so it's it's going to be a difficult hurdle for them to get over especially when.

-- you go to almost any county Health Department in the country if in fact you have a need.

And get free birth control or you can at Wal-Mart buy it for seven dollars a month.

So you say that does not meet the measure of that law.

Well they can there's lots of otherwise they could do it they could do it out of Medicaid.

Medicaid mandating Medicaid.

Expansion of Medicaid for -- contraceptive by itself.

There's lots of other ways they could do it rather than trampling on.

First amendment rights so you say this comes back to the contraception issue religious freedom which is what.

Cardinal dole has been arguing he says it's not about contraception it's about religious freedom.

Because I -- any case if the governments allowed to get.

Through with this one then where would it stop -- religion in America.

Well I I think it it it's not only that it's it's the political game we're playing in the paying back interest groups that support president vs -- -- the idea is this you know if he is there real need in the after that is -- having practiced obstetrics.

For 25 years I can tell you there's not a shortage of -- oral contraception that.

Country for anybody this was signed in the law by President Clinton 1993 it bars any agency department or.

Any state from burdening persons exercise of religion that's the point you're making there in the government a burden -- -- -- religion only if it -- compelling.

Government interest would it not be ironic if this is what.

But that health care -- all of them.

While not sure this'll take the health care that law down what this will take down his his mandate that they issued -- a HHS.

Mandating.

That -- organization -- faith have to follow certain guidelines and terms of coverage.

It would just be the mandate that yes it just means that -- are senator thank you we're gonna keep in Iowa the religious freedom restoration act.

Who -- -- -- thank you for your you --

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