The great new religious battle over the proposed new federal rule requiring contraception coverage for women actually boils down to the basic precept that worker rights apply across all of society, including within religious institutions. But it also reveals the political machinations of the right, the suspect motives of the Catholic bishops and another crucial weakness in the much heralded Affordable Care and Patient Protection Act passed by the Democrats and signed by President Obama two years ago.
First, it is striking how America’s all-male Catholic hierarchy has seemingly colluded with Republicans in miraculously conceiving this issue as a potential “wedge” issue to mobilize blue-collar Catholics against President Obama and the Democrats.
Second, it is almost amusing to see bishops, now pretending to launch a last-ditch effort to prevent a sudden and unique incursion by the Obama administration against the freedom to practice their religion. The Catholic hierarchy has decisively “lost the war at home “ already, as Gail Collins notes, but is choosing to pick a political fight. The majority of Catholic women use birth control. Federal rules required contraception's inclusion for more than a decade, as Daily Kos reports:
In December 2000, the Equal Employment Opportunity Commission ruled that companies that provided prescription drugs to their employees but didn't provide birth control were in violation of Title VII of the 1964 Civil Rights Act, which prevents discrimination on the basis of sex. That opinion, which the George W. Bush administration did nothing to alter or withdraw when it took office the next month, is still in effect today.
With more than half the states also requiring insurers to include contraception in women’s health care packages, Catholic universities, schools and hospitals are obligated to provide birth-control services to their employees. (Most states have an exemption for churches.)
Further, Catholic doctrine is trumped by the Constitutional principle that members of all faiths must obey the law. Noted attorney David Boise explains that freedom of religion as outlined in the Constitution is quite different from the bishops’ version:
Everybody is free to exercise the religion that they choose. [But] there isn`t anything in the Constitution that says an employer, regardless of whether you are a church employer or not, isn`t subject to the same rules as any other employer.
The fundamental point is underscored in this exchange between Boise and his MSNBC host Lawrence O’Donnell:
O`DONNELL: So, this is just simple labor law. …Labor [law] requires certain conditions in the work place and so forth. This is one of those.
BOIES: And tax law and workman's comp law. I mean, there are all sorts of laws that apply to every employer in this country, and you don`t exempt religious employers just because their religion. You are not asking anybody in the Catholic Church or any other church to do anything other than simply comply with a normal law that every employer has to comply with.
Employers who provide health insurance are currently required in 28 states to provide contraceptive services and other reproductive care as part of a strategy of preventive care, which coincides with the conclusions reached by the medical experts consulted in writing the Affordable Care Act.
But the contrived issue of contraception is being perceived by the Republicans as a chance to split working-class Catholics voters from Barack Obama.
It appears to be a textbook case of the Right developing what Thomas Frank, author of What’s the Matter with Kansas?, diagnosed astutely as an “election-season” issue. The Republicans have been immensely creative in inflating issues like gay marriage and gun rights to immense proportions to attract the votes of working-class and low-income voters, facilitated by the frequent Democratic failure to tenaciously push economic justice with the same level of conviction shown by the Right.
For the Republicans and the Right, the notion of including contraception as a standard part of women’s health insurance offers yet another chance to demonize Obama for “overt hostility to faith,” according to Republican presidential contender Rick Santorum. Pulling out all the stops, Santorum even raised the specter of Obama unleashing savage anti-religious forces that would literally re-introduce the “guillotine” of the French Revolution for the faithful and patriotic.
For the Catholic bishops, this conflict re-ignites their hope of rolling back contraceptive rights, established in a 1965 Supreme Court decision, and also trying to further shrink abortion rights. While the strongly-held sentiment of Americans for contraceptive rights is obvious, the Catholic leaders are trying to regain lost ground by lining up with a retrograde movement. As journalist Barbara Miner observed five years ago:
The movement against birth control has moved beyond the fringe. Across the country, many pharmacists won't fill birth control prescriptions, some hospital emergency rooms refuse to dispense emergency contraception and some state legislatures are cutting funds for family planning.
The Catholic bishops hope somehow to add fuel to this movement and thus turn the clock back a century or two, with this anti-contraception push being wrapped up with anti-abortion rules in the name of protecting "religious freedom." Feminists like Barbara Miner and Katha Pollitt are appalled by this campaign. As Miner told In These Times,
The medical community accepts that contraception is an integral part of medical care for women. If the Catholic Church and its institutions are serious about promoting healthcare, they should follow the best practices and give their employees the best quality care, and that includes contraception.
For the Republicans, it also provides another chance to castigate Obama’s healthcare plan, which they previously stigmatized with preposterous lies about creating “death panels” and staging “a government takeover of one-sixth of the economy.”
But we must recognize that the Republicans would have had no opportunity to raise the issue if America had a single-payer healthcasre system instead of the current employer-based structure.
Workers would thereby have a standard package of benefits that would not be tied to their employers’ beliefs and they could choose their own doctors and hospitals.
Instead, the Affordable Care Act retains citizens’ dependence on their employers choices, opening the door for the Catholic bishops to seek to dictate women’s options. The ACA also enshrines and subsidizes the insurance corporations that maximize profits by minimizing care, as well as still leaving out 30 million Americans from health coverage, as O’Donnell drove home emphatically.
Reflecting on the ACA's flaw that allows the Right and the Catholic bishops to attack women’s right to contraceptive care, Rep. Peter Welch (D-Vermont) points out
We`d be better off if we had a single-payer health care system where you didn`t have employers involved.
A more recent struggle offers hope of the public rallying behind women's reproductive rights, "I think we can learn from the way that people rallied behind Planned Parenthood when the Susan G. Komen Foundation tried to cut off their funding," Miner says.