“Expanding Conservative Religious Fanaticism”: The Contraception Mandate Cases Aren’t Really About Contraception
Earlier today, the Supreme Court announced that it would hear not one, but two challenges to the Obama administration’s contraception mandate; they’ll be heard together in an action-packed hour of oral arguments sometime in the spring. Both cases deal with conservatives’ ever-growing penchant for anthropomorphizing corporations—this time, the justices will decide whether companies can be exempted from the mandate to provide birth control at no cost to employees because of the owners’ religious beliefs.
Oddly enough, neither of the business owners involved are Catholic, even though the first objections to the contraception mandate were raised by Catholic leaders, who didn’t want religiously affiliated hospitals and schools to provide birth control, which the Catholic hierarchy considers taboo. One case—Sebelius v. Hobby Lobby Stores, documented extensively for the Prospect by Sarah Posner earlier this summer—deals with an arts-and-crafts chain owned by evangelical Christians. The other—Conestoga Wood Specialties v. Sebelius—hones in on a smaller, Mennonite-owned cabinet door manufacturer.
Neither of the plaintiffs’ arguments mention doctrinal objections to contraception. That’s because Protestants, unlike Catholics, don’t believe that birth control is immoral. In fact, the denominations’ divergent views on the two issues created a kind of intra-Christian culture war throughout much of the twentieth century. Haunted, in part, by neo-Malthusian fears about the world’s rapid descent into overpopulation, the Church of England officially moderated its stance on contraception in 1930. Over the course of the following decade, most American Protestant denominations followed suit. The Mennonite Church does not have an official stance on birth control.
In the 1970s, the “Masters and Johnson of Christianity,” Ed and Gaye Wheat, published Intended for Pleasure, a bestselling Christian sex manual with a chapter on “planning and achieving parenthood,” with extensive information about artificial contraceptive methods. Alfred Mohler, the president of the Southern Baptist Theological Seminary, observed in 2006 that although the “birth control revolution…let loose a firestorm of sexual promiscuity,” it also “offered thoughtful and careful couples an opportunity to enjoy the joys and fulfillments of the marital act without remaining at all times equally open to pregnancy.” A Guttmacher Institute report released in 2011 revealed that three-quarters of Protestant American women were using some form of artificial birth control.
When evangelical Christians decided to throw in their lot alongside the Catholic hospitals and schools seeking an exemption from the contraceptive mandate, their argument was, to put it mildly, a stretch. When Wheaton College, an evangelical liberal arts school in Illinois, asked the Obama administration for an emergency injunction against the contraception mandate last year, it emerged that the college was not eligible because it had “inadvertently” been including emergency contraception in its student health plan.
It should also be noted that neither of the cases that will appear before the Supreme Court are founded on sound science; both allege that emergency contraception—and, in the Hobby Lobby case, the IUD—is a form of abortion. This relies on the notion that pregnancy begins when the egg is fertilized—not, as the medical community contends, when a fertilized egg implants in the uterine wall. This means that regardless of what the Supreme Court decides, the facts of the case will be based on junk science, not theology. The Catholic Church, whether you agree with it or not, has consistently maintained that birth control is a fundamental evil. Protestant attempts to overturn the contraception mandate aren’t about theological objections to birth control—they’re an effort to dramatically expand religious freedom rights for conservative Christians.
By: Amelia Thomson-DeVeaux, The American Prospect, November 26, 2013
“Nonsensical Overweening Power”: Virginia’s Assault On Abortion Claims Its First Victim
At abortion clinics, the presence of awnings, the width of doorways and the dimensions of janitorial closets have little to do with the health of patients. But by requiring that Virginia’s 20 abortion clinics conform to strict licensing standards designed for new hospitals, the state has ensured that many or most of them will be driven out of business in the coming months.
Just days after the state Board of Health approved the regulations this month, under pressure from Attorney General Ken Cuccinelli II (R), they claimed their first victim. Hillcrest Clinic in Norfolk, which for 40 years had provided reproductive health services, including abortions, closed last weekend.
Hillcrest was partly a victim of its own success in providing women with ready access to birth control. Like most other clinics around the state, it saw demand for abortions dwindle as more women took advantage of options to prevent unwanted pregnancies.
Still, even after years of protests, arson, a pipe bombing and an attack by a man wielding a semiautomatic weapon, Hillcrest performed more than 1,600 abortions last year, about 7 percent of the state total. The principal reason it closed its doors was that complying with the regulations would have saddled it with $500,000 in renovations — an unaffordable expense.
That’s precisely what Mr. Cuccinelli and other advocates of the policy intended. According to a survey by the state Health Department, just one of the 19 surviving clinics meets the requirements. Fifteen of the remaining facilities estimated their combined costs of compliance at $14.5 million.
Some of the clinics, including those operated by Planned Parenthood, which has a national fundraising network, will survive. Many others, which are run as small businesses, probably will not. Most have no means to raise hundreds of thousands of dollars to widen corridors, install state-of-the-art surgical sinks and expand parking lots.
What’s more, the upgrades they face are arbitrary manifestations of the state’s overweening power. Other types of walk-in clinics, including those that perform oral and cosmetic surgery, are unaffected by the regulations.
As Dr. David Peters, owner of the Tidewater Women’s Health Center in Norfolk, told the Virginian-Pilot newspaper: “I can do plastic surgery. I can stick needles in babies’ lungs. I can put tubes up penises and into bladders and do all sorts of crazy stuff in my office with no regulations whatsoever. No government supervision. But for an abortion . . .it just becomes nonsensical.”
The Board of Health had sought to exempt existing abortion clinics from the regulations, which were never intended for ambulatory clinics. But board members caved when Mr. Cuccinelli, the most political attorney general in Virginia’s history, threatened to withhold the state’s legal help if they were sued.
Regulation is essential for all health services. But there is no evidence that unsanitary conditions or slapdash procedures are common at abortion clinics in Virginia nor that women who seek services from them are at risk. The state’s assault on women’s reproductive rights is an ideological crusade masquerading as concern for public health.
By: The Editorial Board, The Washington Post, April 26, 2013
“Way Pass Stupid”: Creationism, Ayn Rand And Gun Control…Actual Laws Proposed This Month
In Missouri, it would be a felony to propose gun control. Oklahoma wants to protect students from science. Really
Louisiana Gov. Bobby Jindal wants Republicans to stop being the stupid party — but apparently the memo hasn’t gotten out to state legislatures around the country.
February has been a banner month for truly silly and anti-intellectual bills in state capitals across the country. Well, mostly across the South and Midwest. Some of these bills are based on the idea that birth control is poison, and that students should not fail for arguing in biology class that dinosaurs and humans coexisted. Others would stop gun control efforts by making it a felony to try to enact gun control.
This is not the Onion: Here are some of the actual proposals.
1. Let corporations vote!
In Montana, state Rep. Steve Lavin introduced a bill that would allow corporations to vote in local elections, taking the idea that “corporations are people” to new heights.
Think Progress reports that the bill was tabled earlier this month. But under the proposal, “if a firm, partnership, company, or corporation owns real property within the municipality, the president, vice president, secretary, or other designee of the entity is eligible to vote.”
2. Criminalize gun control!
In Missouri, state Rep. Mike Leara believes even proposing gun control should be illegal. So he has proposed legislation that would make it a felony for “any member of the general assembly who proposes a piece of legislation that further restricts the right of an individual to bear arms, as set forth under the second amendment of the Constitution of the United States.”
“I filed HB 633 as a matter of principle and as a statement in defense of the Second Amendment rights of all Missourians,” Leara told Buzzfeed. “I have no illusions about the bill making it through the legislative process, but I want it to be clear that the Missouri House will stand in defense of the people’s Constitutional right to keep and bear arms.”
3. Birth control is poison
The full state Senate in Oklahoma will take up a measure to allow companies to strip birth control and abortion coverage from employer healthcare plans under a bill that unanimously cleared the committee level last week.
“Notwithstanding any other provision of state or federal law, no employer shall be required to provide or pay for any benefit or service related to abortion or contraception through the provision of health insurance to his or her employees,” the bill reads.
That would put the law in conflict with the Obamacare provision that mandates contraception coverage in employee group insurance plans, unless the company in question meets the religious organization that qualifies for an exemption.
The state senator who proposed the bill said the idea came from one of his constituents, identified as Dr. Dominic Pedulla. The Tulsa World calls him “an Oklahoma City cardiologist who describes himself as a natural family planning medical consultant and women’s health researcher.” He told the paper he stopped offering his insurance plan because it required contraception coverage.
“Part of (women’s) identity is the potential to be a mother,” Pedulla said. “They are being asked to suppress and radically contradict part of their own identity, and if that wasn’t bad enough, they are being asked to poison their bodies.”
4. Read Ayn Rand or stay in high school
The chairman of the education committee in Idaho’s Senate introduced a bill earlier this month that would make students read — and pass a test — on “Atlas Shrugged” as a requirement for a high school diploma.
Then he backed away from the bill, saying he was just trying to make a point. The senator, John Goedde, told the Idaho Spokesman-Review he was “sending a message to the State Board of Education, because he’s unhappy with its recent move to repeal a rule requiring two online courses to graduate from high school, and with its decision to back off on another planned rule regarding principal evaluations.”
Why that book? It “made my son a Republican,” he said, then adding, “well, he’s not a practicing Republican. But it certainly made him a conservative.”
5. Meanwhile, make the teachers question science
In Kansas, the state Board of Education will vote on new science standards this year, so the legislative jockeying has begun. A bill before the House Education Committee would make schools include evidence against climate change in science classes.
According to the bill, science teachers would be required to “provide information to students of scientific evidence which both supports and counters a scientific theory or hypothesis.”
As the Topeka Capital Journal notes: “The bill says instruction about ‘scientific controversies’ should be objective and include ‘both the strengths and weaknesses of such scientific theory or hypothesis.’ The only controversy identified in the bill is ‘climate science.’”
There is no specific sponsor on the bill, which carries the committee’s name. The committee is controlled by Republicans.
In Oklahoma, however, go right ahead and argue that humans and dinosaurs roamed the earth at the same time. On a 9-8 vote last week, the Oklahoma Common Education committee approved the so-called Scientific Education and Academic Freedom Act.
If the bill becomes law, it would make it illegal for biology teachers to fail students who write papers against evolution, climate change and other theories with near 100 percent approval in the scientific community.
“I proposed this bill because there are teachers and students who may be afraid of going against what they see in their textbooks,” said state Rep. Gus Blackwell to Mother Jones.
By: David Daley, Executive Director, Salon, February 24, 2013
“Save The Babies Or Save The Budget”: Dear Conservatives, Your Opposition To Family Planning Comes With A Huge Price Tag
Conservatives have long painted themselves as the guardians of fiscal sanity. But they have also fashioned themselves as the guardians of the innocent babies being preyed upon at Planned Parenthood. Even though abortions make up just 3 percent of the services Planned Parenthood provides—and many clinics don’t provide them at all because of restrictions placed on the funding they receive—conservatives have long held a legislative grudge against the organization and have even broadened their contempt to other family planning clinics.
That deep-held distaste for women’s health providers led Texas lawmakers last year to slash $73 million from all of its family planning services and shift the money to other areas of the budget. This blunt instrument hit all of the state’s women’s health providers, but was meant to target Planned Parenthood and deny it taxpayer dollars—even though the clinics that received state subsidies for care never performed abortions.
This may be in line with their staunch opposition to what they see as a baby-killer, but that ideology comes with quite the price tag. News has surfaced that for the two-year period between 2014 and 2015, poor women are expected to deliver nearly 24,000 babies that they wouldn’t otherwise have had if they had access to state-subsidized birth control. Those extra births will cost taxpayers as much as $273 million, with between $103 million to $108 million of that hitting the state’s general revenue budget alone. Much of the cost comes from caring for those infants through Medicaid.
Lawmakers may not care about what this means for the lives of the low-income women who are now bearing and raising children whose births they would have otherwise prevented had they had access to contraception. But conservatives, the fiscally responsible party, are now thinking twice about the budgetary implications. The New York Times reported last week that “a bipartisan coalition is considering ways to restore some or all of those family planning dollars, as a cost-saving initiative if nothing else.” It’s not like the budget hit should come as a surprise, however. When the cuts were initially debated, an estimate was circulated that they would lead to an extra 284,000 births at a cost of $239 million. Yet the cuts passed, “a price that socially conservative legislators were willing to pay in their referendum on Planned Parenthood,” as the Times reports.
And unfortunately, the ideological battle against Planned Parenthood will not be brought to a complete cease-fire, even in the face of these stark numbers. Planned Parenthood will almost certainly be excluded from any reinstated family planning funding because of an existing ban against taxpayer money going to providers who are “affiliated” with clinics that perform abortions, even if they don’t do so themselves. While there are other women’s health providers in the state, RH Reality Check’s Andrea Grimes set out to find out whether the hundreds of listings on Texas’s website actually provide the services women need. She found that “many of them don’t provide any kind of contraceptive care, don’t take Medicaid Women’s Health Program clients, or are simply misleading duplicate listings.”
And the ones that do offer the right services likely won’t be able to meet the huge increase in demand. Grimes cites a study that found that Planned Parenthood accounted for half of the state’s women’s healthcare, serving nearly 52,000 clients. The remaining providers mostly serve ten or fewer patients. That’s just not going to cut it for all of the women who now need to find care.
Continuing to deny funding to Planned Parenthood will keep costing the state, even if other clinics see their funding reinstated. To the tune of an estimated $5.5 million to $6.6 million as a result of paying for the entire women’s health program on its own, rather than receiving the 90 percent federal matching funds, as well as paying for a higher number of births that will have to be covered by Medicaid funds.
Texas is a huge state, so its case sticks out like a sore thumb. But it’s not the only one to go after family planning services and Planned Parenthood. As the Guttmacher Institute reports, last year some states felt compelled by the federal push to ban federal funds from going to Planned Parenthood to look at whether providers in their states that use private funding for abortion should be barred from receiving state funding or, in some cases, federal Medicaid reimbursements. Currently, six states prohibit some providers from receiving family planning funds and in three the restrictions apply to those that provide abortion or are affiliated with agencies that do.
So conservative lawmakers across the country will now be faced with a choice: save the babies or save the budget. Because it’s clear that you can’t do both. Organizations that provide contraception—and, it must be said, abortions—not only do great service to the women who need to control their fertility and their lives. They do great service to taxpayers. By giving women access to contraception, publicly funded family planning organizations save us $3.74 for every dollar we spend in avoided Medicaid costs associated with unplanned births. Their services saved federal and state governments $5.1 billion in 2008.
As Texas has just found out, those aren’t imaginary numbers. They are very real. Whoever says that contraception and abortion aren’t economic issues should take a second look. They have a huge impact on women’s financial situations. But, perhaps higher on conservatives’ checklist, they have an enormous impact on the budget.
By: Bryce Covert, The Nation, December 10, 2012
“Whose Body Is It?”: Pharmacists Can’t Be Allowed To Deny Women Emergency Contraception
Women deserve the chance to prevent pregnancy after birth control failure, sexual assault, or unprotected sex. Emergency contraception, also known as the “morning-after pill,” is FDA-approved and prevents pregnancy after sexual intercourse. But it is time-sensitive; it only works if women are able to obtain it without delay or discrimination.
Unfortunately, healthcare providers are refusing to dispense emergency contraception based on their own religious or moral beliefs, thereby overriding women’s decisions about their bodies and lives. Pharmacists in at least 24 states have refused to sell birth control or emergency contraception to women. Some hospital emergency rooms refuse to provide emergency contraception to rape victims.
Some healthcare providers even lie to women—for example, by saying it will cause an abortion. In one case, a woman believed a Wisconsin pharmacist who called her a murderer. Although it will not work once a woman is pregnant, she did not fill her prescription and got pregnant. In a California incident, a couple with a newborn sought emergency contraception after birth control failure. The pharmacist called them irresponsible, refused to fill the prescription, and did not enter it into the system so that it could be transferred elsewhere.
Laws should require all hospitals and pharmacies to establish a system to ensure that women in need of birth control, including in emergency situations, receive it without discrimination and delay. Individual healthcare providers with religious objections may be accommodated—for example, by making sure two pharmacists are on duty—but not at the expense of patient access to critical healthcare. This approach is consistent with long-standing protections for individual religious beliefs in the workplace. Refusing providers must treat patients with respect and ensure that patients receive care from another provider. They cannot—as one Wisconsin pharmacist did—leave customers waiting indefinitely for assistance in the store and on the phone. A patient should not even know her healthcare professional objects.
Refusals often result in women feeling judged, shamed, angry, and vulnerable, and they reduce women’s trust in the healthcare system. Additionally, refusals violate informed consent, restricting women’s information and options. Delays or denials of emergency contraception can lead to pregnancy. For some women, pregnancy can entail severe health risks and even life endangerment. A refusal to provide emergency contraception can further traumatize an already traumatized woman—like a rape survivor. Refusals are most burdensome on people in rural areas, or those with low incomes and no job flexibility. For example, an Ohio woman refused emergency contraception at her local pharmacy had to drive 45 miles to find another pharmacy. And some women may be limited by their insurance plan to a particular pharmacy or provider.
Recognizing the harm of refusals, states, national professional associations, and pharmacy chains have acted to protect women’s access to emergency contraception. Twenty-three states and Washington, D.C., have laws and/or policies that improve women’s access to it, such as requiring hospitals to provide it to rape survivors. Major pharmacy chains have adopted policies ensuring that women leave the pharmacy with contraception in hand. Professional healthcare associations have issued guidance protective of patients’ right to receive care. The religious beliefs of pharmacists, doctors, nurses, or other healthcare providers should not trump a woman’s ability to make decisions about her reproductive health. Those decisions are personal, and they should stay that way.
By: Gretchen Borchett, U. S. News and World Report, October 15, 2012
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