Hobby Lobby Decision Values Corporations Over Women
The US Supreme Court ruled 5-4 along rigid gender and ideological lines that "closely-held" corporations could not be required to provide health insurance coverage for methods of contraception that violate the corporation'ssincerely held religious beliefs -- preventing employees who work for these companies from accessing certain FDA-approved contraceptives.
Even as the Court decided that closely-held corporations could have religious rights protected by the federal Religious Freedom Restoration Act (RFRA), the conservative majority minimized not only the importance of women's health but also the goal of women's equality.
Writing for the majority, Justice Alito suggested that "gender equality" might be too "broadly formulated" to satisfy a compelling government interest that would justify the ACA birth control benefit. This downplay of women's equality did not go unnoticed by Justice Ginsburg, who wrote, in dissent, that the government's interest in "women's well-being" is "concrete, specific, and demonstrated by a wealth of empirical evidence." Justice Ginsburg also noted that in providing for contraceptive coverage for women without co-pays or deductibles, Congress was acting on the understanding - articulated in Planned Parenthood v. Casey (1992) - that "the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives."
White House Press Secretary Josh Earnest delivered a statement on the Hobby Lobby decision yesterday, stating that "President Obama believes that women should make personal health care decisions for themselves rather than their bosses deciding for them." He continued, "Today's decision jeopardizes the health of women who are employed by these companies . . . the owners of for-profit companies should not be allowed to assert their personal religious views to deny their employees federally mandated benefits." The White House is calling on Congress to take action to ensure that the women and employees affected by the Court's decision will have coverage for contraceptive care.
Media Resources: Feminist Majority Foundation Press Release 6/30/14; U.S. Supreme Court; Slate.com, 6/30/14; Wall Street Journal, 6/30/14
11/20/2014 Federal Appeals Court Rejects Priests for Life Challenge to Birth Control Coverage Rule - In a victory for women's health, a unanimous panel of the US Court of Appeals for the DC Circuit on Friday rejected a challenge to the Affordable Care Act (ACA) contraceptive coverage benefit brought by Priests for Life, the Roman Catholic Archbishop of Washington and other religiously affiliated non-profit organizations.
Judge Nina Pillard, a former law professor who was nominated to the DC Circuit by President Obama and confirmed by the Senate in December, wrote the opinion for the Court, which found that the ACA birth control benefit did not substantially burden or violate non-profits' religious freedom.
Under the Affordable Care Act, health insurance companies must cover the full cost of all FDA-approved contraceptives - including the pill, IUDs, and emergency contraception - without requiring co-pays or cost-sharing. . . .