Although the ultimate consequence of the Supreme Court ruling that corporations have religious rights will be a
corporate theocracy replacing democracy in America, the immediate goal is what it always has been: controlling female sexuality.
The Supreme Court granted cert in two of the specious legal challenges to the ACA’s contraceptive mandate, and I’m not particularly optimistic.
One point I want to emphasize is that contraceptive coverage is earned, not “free”:
One argument that has been made again and again by
supporters of the legal challenges is that the religious consciences of
employers are being burdened so that employees can get “free”
contraception. But this is an erroneous argument that misapprehends the basic concept of employer-provided health insurance. Contraception provided by health insurance isn’t “free,” it’s earned.
Companies get substantial taxpayer subsidies for partly paying
employees in health insurance instead of cash. In exchange, this
insurance has to be comprehensive enough to provide value to the
employee. Women getting basic health-care needs covered by insurance
they’re receiving as compensation are not receiving any kind of free
ride.
This point underscores just how weak the legal challenge to the
mandate is. The employers in question are claiming that there’s a major
religious freedom issue at stake depending on whether employees obtain
contraception through direct wages or through the insurance employers
get tax benefits for paying employees with instead. But there isn’t. The
“burden” imposed by the mandate is utterly trivial, and the argument
that it violates RFRA should be rejected by the Supreme Court.
Reproductive health needs are just that—health needs. But because we
live in a country that has a ridiculous hang-up over women and sex,
we’re still debating the morality of birth control and calling women
whores instead of giving them the care they need. We know why
conservatives want to limit birth control access—they show their true
colors every day. So let’s not pretend these cases are about religious
freedom or employer’s rights. Call it what it is: misogyny.
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