“Catholic Nuns Back Obamacare Contraception Access”: It Isn’t Freedom When Women Are Held Hostage
The National Coalition of American Nuns has announced their support for women’s right to access contraceptives under the Affordable Care Act as the Supreme Court prepares to hear the historic Hobby Lobby and Conestoga Wood cases. While the plaintiffs in these cases are Mennonites and evangelical Christians, opposition to the contraceptive mandate was largely spearheaded by the Catholic bishops. Several key cases of Catholic non-profits, such as the Little Sisters of the Poor, are making their way through the lower courts and may well end up in the Supreme Court themselves.
“NCAN is dismayed that the Little Sisters of the Poor, the University of Notre Dame and other Catholic organizations are challenging the Affordable Care Act. Spurred on by the United States Conference of Catholic Bishops these organizations are attempting to hold hostage all women by refusing insurance to them for contraceptives,” said the 2,000-member group in a statement.
“This has gotten out of hand,” Sister Donna Quinn, head of NCAN, told RD. “It isn’t ‘faith and freedom’ when reproductive autonomy isn’t extended by the Catholic Church to women. Now we have other Christian religions seeing what the bishops are doing and saying we will do likewise. It isn’t freedom when a woman can be held hostage by the owner of a business.”
The nuns are seeking support for their stand through an online petition. The Rev. Debra Haffner of the Religious Institute is helping NCAN coordinate the effort. “When I saw the brave stand these nuns were taking on the mandate, I started to think about what we could do to amplify their voices. So we launched a social media campaign asking people to ‘Stand with the Nuns’,” she said.
“We really need to counter the idea that faith is opposed to family planning,” said Haffner, who’s also helping to coordinate a Faith Rally at the Supreme Court on March 25, the day of the oral arguments for the mandate challenges. “All too often the media only shows a Catholic bishop to offer the faith perspective. More than 14 major religious denominations have statements supporting birth control and birth control access. People need to understand that this is not only an affront to women’s moral agency but opens the door to denying a whole range of services, from other kinds of reproductive health care to services to LGBT people,” she said.
NCAN has a long history of reproductive justice and Catholic reform activism. Quinn has volunteered as an abortion clinic escort and was one of the leaders of a delegation of women religious to Rome 1994 to hold a parallel discussion about the role of women religious during the bishops’ synod on religious life, which largely excluded women.
By: Patricia Miller, Religion Dispatches, March 14, 2014
“Voters Wil Not Forget”: Opposition To Obamacare Will Come Back To Haunt Conservatives
It is truly amazing to me to read through the blogs, the press releases from the Republican anti-Obamacare war room, the phalanx of Koch-brothers’ sponsored think tanks and web sites – one message: FAILURE.
Let’s leave aside that their cagey rhetoric has shifted from “repeal” to “a fix,” but that their policy position remains the same: kill it. Republicans will continue their onslaught against the Affordable Care Act because they believe it is a political attack that will work for them and unite their party, at least in the short run.
They complain about the problems with the website, yet they love that it didn’t work well. They are euphoric when it fails. Do they want it to succeed? Heck no.
They offer up people who have had problems switching their health care plans, with big smiles on their faces. Another Congressional hearing is called for to condemn the ACA, according to the Republicans.
Peter Roff, one of my esteemed colleagues on this blog, publishes a list from the Heritage Foundation on why the ACA will fail (never mind that much of what Heritage called for is in the law, like the individual mandate).
But forget all that. I would cite much of this list as precisely why Obamacare will work (see Roff’s Heritage list here):
- The new plans available under the law will provide better coverage for a better price. This is not a broken promise by the president but the end result. Think about the benefits: no pre existing conditions; no canceling of your plan when you get sick; no caps on coverage; no huge costs for women over what men pay; keeping children on the plan until they are 26.
- There will be more options for consumers to choose from, not less. They won’t be forced into inferior plans.
- The new approach to Medicaid will allow people to shop for and purchase their plans, not arrive in emergency rooms often too late for help and with exorbitant costs. This will be a vast improvement on where we are now. Sadly, many Republican governors want to keep these people from getting insurance by rejecting federal funds to help with the Medicaid expansion.
- The ACA will lead to more stable families with better health care, not penalize people for success or getting married, as Heritage asserts.
- There will be better care for women, more coverage, and it won’t destroy our religious liberties. Pardon the sexism, but that is a “straw man.”
- Probably the most absurd claim from Heritage is that the ACA is a job killer. If we are providing health care to an additional 30-40 million Americans, it will create jobs in the health care field, not kill them. More doctors, more nurses, more ways to care for patients. Businesses will have more productive workers, fewer who are sick and out of work, and costs will decrease as more people are covered.
I do have one prediction for my friend Peter Roff and those Republicans who are staking the political future of their party on killing the ACA: When this succeeds, voters will not forget, and they will remember the horror stories of the old system. The more the focus is on patient care, better treatment through R&D, keeping people healthy, access for millions, the more that Democrats will benefit from the contrast. Republicans should be very careful not to argue too strongly for failure, it will come back to haunt them.
By: Peter Fenn, U. S. News and World Report, December 5, 2013
“Worshiping The Almighty Dollar”: Will The Supreme Court Endow Corporations With A Soul, Too?
Private businesses are trying to block Obamacare on religious grounds? What do companies worship besides, perhaps, the almighty dollar?
That’s the question at the heart of two conflicting rulings from lower courts that the Supreme Court has decided to take up in its second constitutional showdown over President Barack Obama’s Affordable Care Act.
Since the law also known as Obamacare was passed, dozens of Christian employers have challenged its birth-control mandate that requires employers to provide health insurance coverage for FDA-approved contraception.
Abortion rights opponents believe some of the allowed contraceptive methods block fertilized eggs from implanting in a woman’s uterus. That’s disputed by other research findings that the methods in question actually work before fertilization occurs.
To placate such objections, the Obama administration has changed the requirement to allow explicitly religious organizations and some other nonprofits to opt out of paying for insurance directly, passing the costs on to their insurance provider instead.
But that doesn’t apply to the big for-profit corporations at issue in the two cases that the Supreme Court has agreed to hear.
In one of them, the 10th Circuit Court upheld the argument of Oklahoma City-based Hobby Lobby Stores Inc., a chain of 500 arts-and-crafts stores with 13,000 full-time employees, that the mandate would violate the rights of owners David and Barbara Green under the Religious Freedom Restoration Act of 1993. That law says that a “person” can seek to opt out of a law under some circumstances if obeying it would “substantially burden” the exercise of his or her religion.
But is a corporation a “person?” Yes, says the 10th Circuit, under the Citizens United decision, which holds that corporations have the same First Amendment rights as individual people to spend money as a form of speech in political campaigns.
Not so, says the 3rd Circuit Court of Appeals, in the second of the two decisions the justices will review. In rejecting the arguments of Conestoga Wood Specialties, a Pennsylvania manufacturer of wooden cabinets owned by a Mennonite family, the appeals court wrote that corporations “do not pray, worship, observe sacraments or take other religiously motivated actions separate and apart from the intention and direction of their individual actors.”
That sounds right to me. Even if the corporations qualified as “persons” under the 1993 law, which I am sure would surprise many of those who voted for it, the law cites a “substantial burden” on the exercise of religion.
If any “burden” is imposed on the employers in these cases, it hardly can be called “substantial” any more than the burden government routinely imposes on taxpayers to fund overseas wars or domestic social programs to which they personally object.
But if the high court grants corporations a religious license to pick and choose whichever government rules they want to follow or taxes they want to pay, a substantial burden would be imposed on the ability of the health care law to work — which would be just fine with some of its critics.
The impact of such a decision would reach far beyond Obamacare. That’s why the Supreme Court has drawn boundaries around the First Amendment’s “free exercise of religion” clause since its ruling in the 1878 test case of the bigamy conviction of George Reynolds, the personal secretary to Mormon leader Brigham Young.
Reynolds contended that his bigamy conviction violated his First Amendment rights as a member of the Church of Jesus Christ of Latter-Day Saints, which would not renounce bigamy until 1890. He lost, mainly because of legal reasoning drawn partly from a letter by Thomas Jefferson in which he drew a sharp distinction between religious belief and religiously motivated actions.
Because belief “lies solely between man and his God,” Jefferson wrote, “the legislative powers of the government reach actions only, and not opinions.” In that spirit, the Supreme Court’ wrote, “Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice?”
One hopes not. Government should not intrude on religious faith, but for the sake of the common good, it occasionally must intervene in acts that are motivated by religious belief.
By: Clarence Page, The National Memo, December 2, 2013
“Corporations Aren’t People”: If Given The Freedoms Of “People”, Corporations Should Be Subjected To Obligations And Restrictions Too
If you thought this “corporations are people” business was getting out of hand, brace yourself. On Tuesday, the Supreme Court accepted two cases that will determine whether a corporation can deny contraceptive coverage to its female employees because of its religious beliefs.
The cases concern two of the most politically charged issues of recent years: who is exempted from the requirements of the Affordable Care Act, and whether application of the First Amendment’s free speech protections to corporations, established by the court’s 2010 decision in Citizens United, means that the First Amendment’s protections of religious beliefs must also be extended to corporations.
The Affordable Care Act requires employers to offer health insurance that covers contraception for their female employees. Churches and religious institutions are exempt from that mandate. But Hobby Lobby, a privately owned corporation that employs 13,000 people of all faiths — and, presumably, some of no faith — in its 500 craft stores says that requiring it to pay for contraception violates its religious beliefs — that is, the beliefs of its owners, the Green family.
In a brief submitted to a federal court, the Greens said that some forms of contraception — diaphragms, sponges, some versions of the pill — were fine by them, but others that prevented embryos from implanting in the womb were not. The U.S. Court of Appeals for the 10th Circuit upheld the Greens’ position in June in a decision explicitly based on “the First Amendment logic of Citizens United.” Judge Timothy Tymkovich wrote: “We see no reason the Supreme Court would recognize constitutional protection for a corporation’s political expression but not its religious expression.”
Tymkovich’s assessment of how the five right-wing justices on the Supreme Court may rule could prove correct — but what a mess such a ruling would create! For one thing, the Green family’s acceptance of some forms of contraception and rejection of others, while no doubt sincere, suggests that they, like many people of faith, adhere to a somewhat personalized religion. The line they draw is not, for instance, the same line that the Catholic Church draws.
Individual believers and non-believers draw their own lines on all kinds of moral issues every day. That’s human nature. They are free to say that their lines adhere to or are close to specific religious doctrines. But to extend the exemptions that churches receive to secular, for-profit corporations that claim to be following religious doctrine, but may in fact be nipping it here and tucking it there, would open the door to a range of idiosyncratic management practices inflicted on employees. For that matter, some religions have doctrines that, followed faithfully, could result in bizarre and discriminatory management practices.
The Supreme Court has not frequently ruled that religious belief creates an exemption from following the law. On the contrary, in a 1990 majority opinion, Justice Antonin Scalia wrote that Native Americans fired for smoking peyote as part of a religious ceremony had no right to reinstatement. It “would be courting anarchy,” Scalia wrote in Employment Division v. Smith, to allow them to violate the law just because they were “religious objectors” to it. “An individual’s religious beliefs,” he continued, cannot “excuse him from compliance with an otherwise valid law.”
It will be interesting to see whether Scalia still believes that now that he’s being confronted with a case where the religious beliefs in question may be closer to his own.
The other issue all this raises: Where does this corporations-are-people business start and stop? Under the law, corporations and humans have long had different standards of responsibility. If corporations are treated as people, so that they are free to spend money in election campaigns and to invoke their religious beliefs to deny a kind of health coverage to their workers, are they to be treated as people in other regards? Corporations are legal entities whose owners are not personally liable for the company’s debts, whereas actual people are liable for their own. Both people and corporations can discharge their debts through bankruptcy, but there are several kinds of bankruptcy, and the conditions placed on people are generally far more onerous than those placed on corporations. If corporations are people, why aren’t they subject to the same bankruptcy laws that people are? Why aren’t the owners liable for corporate debts as people are for their own?
If corporations are going to be given the freedoms that people enjoy, they should be subjected to people’s obligations and restrictions too. I’m not sure how many corporations would think that’s such a good deal.
By: Harol Meyerson, Opinion Writer, The Washington Post, November 26, 2013
“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
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