Contraception

Freedom of religion is freedom from religion

Obama's contraception compromise is a rare practical solution to America's perennial church-state tensions

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Freedom of religion is freedom from religion (Credit: © Jason Reed / Reuters)

The president did something agile and wise the other day. And something quite important to the health of our politics. He reached up and snuffed out what some folks wanted to make into a cosmic battle between good and evil. No, said the president, we’re not going to turn the argument over contraception into Armageddon, this is an honest difference between Americans, and I’ll not see it escalated into a holy war. So instead of the government requiring Catholic hospitals and other faith-based institutions to provide employees with health coverage involving contraceptives, the insurance companies will offer that coverage, and offer it free.

The Catholic bishops had cast the president’s intended policy as an infringement on their religious freedom; they hold birth control to be a mortal sin, and were incensed that the government might coerce them to treat it otherwise. The president in effect said: No quarrel there; no one’s going to force you to violate your doctrine. But Catholics are also Americans, and if an individual Catholic worker wants coverage, she should have access to it — just like any other American citizen. Under the new plan, she will. She can go directly to the insurer, and the religious institution is off the hook.

When the president announced his new plan, the bishops were caught flat-footed. It was so … so reasonable. In fact, leaders of several large, Catholic organizations have now said yes to the idea. But the bishops have since regrouped, and are now opposing any mandate to provide contraceptives even if their institutions are not required to pay for them. And for their own reasons, Republican leaders in Congress have weighed in on the bishops’ side. They’re demanding, and will get, a vote in the Senate.

Sen. Mitch McConnell, R-Ky., says:

The fact that the White House thinks this is about contraception is the whole problem. This is about freedom of religion. It’s right there in the First Amendment. You can’t miss it, right there in the very First Amendment to our Constitution. And the government doesn’t get to decide for religious people what their religious beliefs are. They get to decide that.

But here’s what Republicans don’t get, or won’t tell you. And what Obama manifestly does get. First, the war’s already lost: 98 percent of Catholic women of child-bearing age have used contraceptives. Second, on many major issues, the bishops are on Obama’s side — not least on extending unemployment benefits, which they call “a moral obligation.” Truth to tell, on economic issues, the bishops are often to the left of some leading Democrats, even if both sides are loathe to admit it. Furthermore — and shhh, don’t repeat this, even if the president already has — the Catholic Church funded Obama’s first community organizing, back in Chicago.

Ah, politics.

So the battle over contraception no longer seems apocalyptic. No heavenly hosts pitted against the forces of Satan. It’s a political brawl, not a crusade of believers or infidels. The president skillfully negotiated the line between respect for the religious sphere and protection of the spiritual dignity and freedom of individuals. If you had listened carefully to the speech Barack Obama made in 2009 at the University of Notre Dame, you could have seen it coming:

The soldier and the lawyer may both love this country with equal passion, and yet reach very different conclusions on the specific steps needed to protect us from harm. The gay activist and the evangelical pastor may both deplore the ravages of HIV/AIDS, but find themselves unable to bridge the cultural divide that might unite their efforts. Those who speak out against stem-cell research may be rooted in an admirable conviction about the sacredness of life, but so are the parents of a child with juvenile diabetes who are convinced that their son’s or daughter’s hardships might be relieved. The question then is, “How do we work through these conflicts?”

We Americans have wrestled with that question from the beginning. Some of our forebearers feared the church would corrupt the state. Others feared the state would corrupt the church. It’s been a real tug-of-war, sometimes quite ugly. Churches and religious zealots did get punitive laws passed against what they said were moral and religious evils: blasphemy, breaking the Sabbath, alcohol, gambling, books, movies, plays … and yes, contraception. But churches also fought to end slavery, help workers organize and pass progressive laws. Of course, government had its favorites at times;  for much of our history, it privileged the Protestant majority. And in my lifetime alone, it’s gone back and forth on how to apply the First Amendment to ever-changing circumstances among people so different from each other. The Supreme Court, for example, first denied, then affirmed, the right of the children of Jehovah’s Witnesses to refuse, on religious grounds, to salute the flag.

So here we are once again, arguing over how to honor religious liberty without it becoming the liberty to impose on others moral beliefs they don’t share. Our practical solution is the one Barack Obama embraced the other day: protect freedom of religion — and  freedom from religion. Can’t get more American than that.

My thanks to Julie Leininger Pycior, professor of history at Manhattan College, for her insights and counsel on this essay

Bill Moyers is managing editor of the new weekly public affairs program, "Moyers & Company," airing on public television. Check local airtimes or comment at www.BillMoyers.com.

Catholic Church: Time for a new war on birth control

Notre Dame and other Catholic institutions have revived their fight against contraception with a new lawsuit

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Catholic Church: Time for a new war on birth controlAbortion protesters in South Bend, Ind., in 2009. (Credit: AP/Joe Raymond)

Until Rush Limbaugh called Sandra Fluke a slut, the United States Conference of Catholic Bishops had almost convinced the public that fighting the contraceptive coverage mandate in the Affordable Care Act was about religious freedom. Now, 43 plaintiffs, including 13 dioceses and, most prominently, the University of Notre Dame, would like to bring back the argument that the Obama administration is encroaching on their religious rights.

“This lawsuit is about one of America’s most cherished freedoms: the freedom to practice one’s religion without government interference,” opens the Notre Dame suit, which was filed Monday. “It is not about whether people have a right to abortion-inducing drugs, sterilization and contraception.”

Because the words “abortifacient” or “abortion inducing” sound so scary, the Notre Dame lawsuit makes sure to claim over and over again that, despite a political compromise and executive order specifically exempting abortion coverage from Affordable Care Act provisions, they are being forced to pay for abortion. It claims that “many contraceptives approved by the FDA that qualify under these guidelines cause abortions,” which is false on multiple levels: Even if you believe, as Catholic doctrine does but medical professionals do not, that fertilization, not implantation, constitutes pregnancy, the latest scientific research shows that there’s no evidence that emergency contraception prevents implantation.

Not that they’ve entirely gotten their message straight: Whereas Harvard Law professor Mary Glendon argues in the Wall Street Journal today in defense of the bishops’ position that “if religious providers of education, health care and social services are closed down or forced to become tools of administration policy, the government consolidates a monopoly over those essential services,” the Notre Dame lawsuit suggests that instead of forcing them to cover birth control, the government could just expand Title X clinics that provide birth control to low-income women. The same clinics, by the way, that social conservatives and acquiescent Republicans are trying to either cut funding to or defund altogether.

The lawsuits make a First Amendment free exercise claim, but are aware that they face a standard set by Justice Antonin Scalia in his 1990 majority opinion in Employment Division v. Smith: That the free exercise of religion is not limited by a “neutral law of general applicability” – that is, it applies to everyone. In the Notre Dame suit, the plaintiffs argue that the “U.S. Government Mandate is not a neutral law of general applicability. It offers multiple exemptions … for example, all ‘grandfathered’ plans are exempted from its requirements.” Of course, that grandfathering is merely a temporal distinction, just like the one-year period that HHS gave religiously affiliated institutions to comply.

Earlier this year, the White House announced a compromise that would allow religiously affiliated institutions that objected to instead have insurance companies directly provide coverage. Notre Dame, as the lawsuit points out, is self-insured, but the administration has said it is seeking to work out an arrangement for such institutions.

The Notre Dame lawsuit also claims that the mandate was “implemented at the behest of individuals and organizations who disagree with certain religious beliefs regarding abortifacients and contraception, and thus it targets religious organizations for disfavored treatment.” Secretary of Health and Human Services Kathleen Sebelius is called out for speaking at a NARAL Pro-Choice America fundraiser. She’s quoted, disparagingly, for saying, “Wouldn’t you think that people who want to reduce the number of abortions would champion the cause of widely available, widely affordable contraceptive services?  Not so much.”

Not every Catholic organization has come out fighting; several dioceses and universities are sitting this one out, and the administration won the initial support of the Catholic Health Association’s Sister Carol Keehan with its compromise. (The most recent comment on its website says the CHA is awaiting specifics.) But as Angela Bonavoglia reports in the Nation, this struggle is part of a larger crackdown by the conservative hierarchy against liberal elements within it — chiefly, women, including nuns.

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Irin Carmon

Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com.

“Birth control doesn’t matter”

A new survey reveals just how ignorant young people are about contraception and pregnancy

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(Credit: restyler via Shutterstock)

When it comes to sex and reproduction, even the most mind-numbingly intuitive conclusions can be politicized or disbelieved. So they bear repeating and resubstantiation. Take this recent Guttmacher study on contraceptive knowledge. Surveying 1,800 men and women ages 18–29, the authors “found that the lower the level of contraceptive knowledge among young women, the greater the likelihood that they expected to have unprotected sex in the next three months, behavior that puts them at risk for an unplanned pregnancy.” In other words, access to factual information helps prevent risky behavior.

I’m holding myself back from saying “duh” here, but this still has to be reiterated at a time when abstinence-only education that doesn’t provide detailed information about contraceptive use, except occasionally to emphasize its limits, not only persists but recently got a federal stamp of approval. As an Advocates for Youth report on the impact of abstinence-only education noted, “Proponents of abstinence-only programs believe that providing information about the health benefits of condoms or contraception contradicts their message of abstinence-only and undermines its impact. As such, abstinence-only programs provide no information about contraception beyond failure rates.” That’s how you get terrifying statistics like this one from the Guttmacher report: In the survey, “60 percent underestimated the effectiveness of oral contraceptives and 40 percent held the fatalistic view that using birth control does not matter.” Overall, “more than half of young men and a quarter of young women received low scores on contraceptive knowledge.” It’s also how you get figures like the one from the CDC that found that 31.4 percent of pregnant teens didn’t use contraception because they “thought they could not get pregnant at the time.”

There are two reasons to be optimistic that some dent can be made in these depressing figures, and they both have to do with provisions of the Affordable Care Act. Much has been made of the mandate that insurance policies cover all FDA-approved contraceptive methods, but there’s another aspect that’s been relatively overlooked: the fact that the same provision includes free education and counseling about sex and contraception, at least for the insured. The second reason for optimism is that the mandate will make it far easier for women to get longer-acting and more effective forms of contraception like the IUD — which are also more expensive and which studies have shown women would be interested in if they could afford them. Incidentally, the recent Guttmacher study found that women who were using long-acting or regular hormonal contraception tended to score higher on overall knowledge.

It will be awhile before we know if these changes will move the needle on the nation’s unparalleled rate of unintended pregnancy. The women’s health provisions only go into effect for new plans in August 2012, and older plans will be initially grandfathered and eventually phased out. And of course, there’s another big fat if – whether the Supreme Court overturns all or part of the Affordable Care Act. The Obama campaign and its allies are keen to point out how such a move — or, perhaps, a legislative repeal down the line — will hurt women above all. The Center for American Progress recently released a report on “Women and Obamacare” (the campaign having officially embraced the derisively intended term). It declares Obamacare “the greatest legislative advancement for women’s health in a generation,” which may be true for reasons more depressing than inspiring: There have been very few advancements partly because there has been so much political defense played.

In addition to the reproductive health benefits, the report points to preventive care recommendations for which cost-sharing has already been cut: mammograms, pap smears, prenatal care and so on. According to the report, “close to 9 million women will gain coverage for maternity care in the individual market starting in 2014,” currently not covered in 78 percent of plans sold on the individual market. It notes that women are more frequent users of healthcare services than men, that they’re likelier to make the household decisions on healthcare and that they’re more vulnerable to losing coverage because they’re likelier to be listed as dependents on a partner’s plan. The Affordable Care Act also makes it illegal to engage in “gender rating” – charging women $1 billion more than men on the individual market – and bans states from discriminating on the basis of gender identity in their insurance exchanges.

The report does acknowledge two ways in which Obamacare falls short for women who were “left out of the law — undocumented and recent immigrant women and women who need abortion services.” It claims that “political compromises on abortion coverage were necessary to ensure passage of the Affordable Care Act” – still a bitter loss to reproductive rights groups, who memorably described women as having been “thrown under the bus” by Democrats – “but the work to obtain abortion coverage for all women continues.” The last part is particularly debatable, at least when it comes to any momentum on the funding issue from national Democrats, while Republicans in the states and federally have spent considerable energy trying to limit abortion coverage on even private insurance plans.

Still, if the Affordable Care Act is allowed to stand, the magnitude of having an actual, proactive reproductive health access policy shouldn’t be underplayed. Maybe we’ll get closer to a saner republic where hearing “birth control doesn’t matter” from people who don’t want to get pregnant is a quaint memory.

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Irin Carmon

Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com.

Must women “civilize” men?

At the root of the conservative war on contraception is a deep-seated anxiety about the traditional family

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Must women

Liberals have documented the existence of a bitter Republican campaign against women’s health and freedom, but I don’t think we’ve identified its cause or its full intent. It may be hurting Republicans almost as much as it’s hurting women: New Gallup poll data released Monday found that Obama leads Romney 51 percent to 42 percent among registered voters in 12 swing states. Last month he trailed the Republican by 2 points. The change is due to a sharp shift among women: Obama now leads Romney among women under the age of 50 by 30 points; that lead was 5 points in February.

Some panicked Republicans insist crafty Democrats are the ones playing the culture wars, but we’ve debunked that: Democrats didn’t make the GOP presidential field back “personhood” laws that would criminalize some forms of birth control. They didn’t force the newly elected House GOP to make defunding Planned Parenthood their first legislative goal. And they didn’t propose the Blunt Amendment that would have allowed employers to withhold health insurance coverage not only for contraception, but for any treatment they disapproved of — or make every Republican senator vote for it, except the outgoing Olympia Snowe.

But why is this happening now, and not in, say, 2000 or 2008? I got my first hint of what conservatives are up to listening to Rick Santorum early in the presidential campaign. “When the family breaks down, the economy breaks down,” he says over and over, and he insists growing “dependency” on government plays a key role in the family’s decline. Mitt Romney goes a little lighter on the culture-war stuff, but Saturday in Wisconsin he too sounded the anti-government-dependency theme. “President Obama believes in a government-centered society,” Romney said. Not coincidentally, he also railed against Planned Parenthood, and once again promised to defund it.

Paul Ryan likewise attacks “dependency,” telling the American Enterprise Institute last week that America is at an “insidious moral tipping point, and I think the president is accelerating this.” Government support, Ryan insists, “lulls able-bodied people into lives of complacency and dependency, which drains them of their very will and incentive to make the most of their lives. It’s demeaning.”

We’re having this debate over issues once considered settled because the right is trying to blame virtually all of the nation’s economic and social problems on one cause: the supposedly broken American family. It’s their only solution. It’s also increasingly clear that shoring up the family, in their view, involves restoring a traditional vision of the family, in which the man is head of the household, and women accept their civilizing role.

The contraception “controversy” jumped out of the 1960s and became a major issue in the 2012 presidential campaign shortly after Charles Murray published his new bestseller, “Coming Apart: The State of White America 1960-2010.” Murray didn’t put contraception on the agenda, at all, but his book reflected and illuminated the social forces and anxieties behind the new crusade against it. Murray pretends to accept and even applaud the progress we’ve made toward equality for women. But it’s clear that he blames the changes wrought by feminism for some of the problems he identifies in the growing “white lower class.” Murray believes science will soon find:

There are genetic reasons, rooted in the mechanisms of human evolution, why little boys who grow up in neighborhoods without married fathers tend to reach adolescence not socialized to the norms of behavior that they will need to stay out of prison and hold jobs … [Liberals] will have to acknowledge that the traditional family plays a special, indispensable role in human flourishing and that social policy must be based on that truth.

At least one liberal immediately did. The New York Times columnist Nicholas Kristof found fault with “Coming Apart,” but he endorsed Murray’s insights about the family:

Liberals sometimes feel that it is narrow-minded to favor traditional marriage. Over time, my reporting on poverty has led me to disagree: Solid marriages have a huge beneficial impact on the lives of the poor (more so than in the lives of the middle class, who have more cushion when things go wrong).

One study of low-income delinquent young men in Boston found that one of the factors that had the greatest impact in turning them away from crime was marrying women they cared about. As Steven Pinker notes in his recent book, “The Better Angels of Our Nature”: “The idea that young men are civilized by women and marriage may seem as corny as Kansas in August, but it has become a commonplace of modern criminology.”

I don’t care whether it’s as corny as Kansas in August; that’s a remarkable statement, and I think it deserves more attention. “The idea that young men are civilized by women and marriage” gained currency in the Reagan era, when George Gilder published his screed against feminism, “Sexual Suicide.” Gilder argued that men are barbarians unless civilized by marriage, and by demanding sexual and economic freedom, feminists were denying women’s crucial civilizing function – and destroying the world as we know it.

Of course the sober Kristof didn’t mention the crazy Gilder in his column, but Murray did in his book, approvingly. “Gilder saw disaster looming as women stopped performing this function, a position derided as the worst kind of patriarchal sexism,” Murray noted. “But put in less vivid language, the argument is neither implausible nor inflammatory: The responsibilities of marriage induce young men to settle down, focus and get to work … George Gilder was mostly right.”

Actually, George Gilder was mostly nuts.

I’m not against marriage, nor are most feminists or liberals. I was happily married for a time, and then I was not.  I have a (mostly) grown daughter, but I never considered myself a single mother, because her father and I raised her together. He somehow stayed “civilized” even after our divorce. It’s possible that other women were responsible for that, but I don’t think so. I’m pretty sure he did it on his own. I’m open to getting married again, but I haven’t gotten around to it.

I put those facts out there to situate myself in what often pretends to be a dispassionate, data-driven debate about “the family.” In fact, it’s about what we do with our hearts. And bodies. There’s a backward view of women, but an even more grim and condescending view of men, at the heart of this latest round in the culture war. I think we need to try to better understand it.

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My moment of real insight into the meaning of the “dependency” argument, and its relationship to the contraception-coverage debate, came in early March, as I debated the issue with former RNC chairman Michael Steele on “Hardball” last month. I tried to explain to Steele that contraception coverage, along with other preventive care for women required by the Affordable Care Act, simply eliminates the steep insurance penalties women have always paid for living in the bodies that perpetuate the human species. Or as House Minority Leader Nancy Pelosi frequently puts it, Obamacare means that “being a woman is no longer a preexisting condition.”

Host Chris Matthews tried to humanize the issue and suggest a way beyond what sometimes seems like a futile boys-against-the-girls divide. That drive to make abstract issues vivid is one of the things I like about Matthews, even when conversations get awkward, as this one quickly did. (I would not express myself in exactly the same terms I did below, given a second chance, but I share my slightly flummoxed answer because it led to Steele’s interesting reply. I hope you’ll sympathize.)

MATTHEWS: I sometimes think people like to start a battle of the genders, like that women care about birth control, men care about Viagra. They’re both in it together. We do like to make love. It’s sort of what we do. It’s a coming together. It’s a nice thing … So the idea that somehow women are the only ones that care about birth control, how did that start? I mean, that seems so weird.

WALSH: That’s what’s at the heart of the battle over health care reform … Basically what President Obama said is, hey, gals, you have been shouldering this all by yourselves for time immemorial. You’re the only ones in our society who can have babies. And God bless you. We’re going to help you with all the costs that go along with it, because you’re keeping our whole species alive and we love you for it.

MATTHEWS: Right.

WALSH: And we’re going to equalize this thing right here, right now. And he did that, and these guys went crazy. They went crazy. I don’t entirely get what that was about …

STEELE: The problem is that you have effectively absolved the male of any responsibility in the relationship with this woman, whether it’s a sexual nature or beyond that. It’s not just about giving women access to contraception. It’s about the responsible behavior that goes with that access. It’s nice for Barack Obama to tell women, I got your back. Here, have a pill.

WALSH: That’s not what he’s saying.

STEELE: That’s what you just described … Men have a responsibility here … when you come together in that fashion, there’s a responsibility that kicks in that you just don’t want to be absolved because the woman has a pill … It’s this other piece that doesn’t get talked about in terms of the responsibility of fathers, or potential fathers, in this relationship.

There it was: the notion that when government supports women, it is substituting itself in the role of husband and father. I tried to tell Steele that nothing about a woman having no co-pay for contraception prevents her male partner from being “responsible” once they “come together.” I never even got to make the point that women have a lot of the same health issues even if they’re not with a male partner. Some of us use the pill for health reasons, some of us use it to plan when to have children, and some of us use it to have sex we enjoy in relationships where there’s no thought of creating a family. The way men always have, by the way.

But the fact that I had to skirt the border of explaining how our lady parts work, and what special health needs we have from puberty to post-menopause, seems part of the problem: I don’t want to have to do that on national television — on a political news show. Why are we even having this conversation in 2012?

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Still, I’m grateful to Steele for his honesty in explaining what he thinks this issue is about. The new GOP code word this year is “dependency,” and they’re afraid of it for a few different reasons. Sen. Jim DeMint says Obama is out to make more Americans dependent in order to insure that they vote Democratic. Steele thinks that if women can depend on Obama to give them a pill (?) they won’t rely on men, as fathers and “potential fathers.” Santorum has been the most direct in tying government dependency to the decline of the family. In Obama’s America, “the family is not there,” Santorum said. “The government is there to provide. It is not the road to success.”

But the civilizing, stabilizing benefits of marriage, as described by Murray and embraced by Santorum, seem to derive not from the partnership or companionship or economic stability marriage can offer. In fact, they only appear to spring from a particular form of marriage – which Murray is pretty honest about identifying as headed by a man. It is the loss of the role of provider that’s sapping the work ethic of white lower-class men, Murray argues openly.

A man who is holding down a menial job and thereby supporting a wife and children is doing something authentically important with his life. He should take deep satisfaction from that, and be praised by his community for doing so. If that same man lives under a system that says the children of the woman he sleeps with will be taken care of whether or not he contributes, that status will go away.

Santorum has attacked feminists for their “misogynistic crusade to make working outside the home the only marker of social value and self-respect.”

In the view of Murray, Santorum and, to some degree Steele, government dependency frees a woman from being dependent on a man – and that’s not good for men. It’s as though liberated from the burden of providing for a woman (even just providing contraception!), a man can’t be trusted to be responsible, for his children, or even himself.

All of this concern about the independence of women – supposedly facilitated by the possibility of their dependence on government – goes against the grain of global trends. In the developing world, we know that educating women is key to improving the living standards of their communities and their countries. When girls are educated, they postpone motherhood, and when they do have children, their kids are healthier, better educated and their families are more stable. (Nicholas Kristof has written about this; I wonder how he balances the imperative of educating and empowering women with the requirement that they “civilize” men.) The Organization for Economic Cooperation and Development has found that countries where women have more power are more economically successful.

Interestingly, in this country there seems to be one almost foolproof way to prevent single parenthood (besides contraception): college. Only 6 percent of college-educated single women had children from 2006-2008, according to the National Marriage Project, a pro-marriage think tank housed at the University of Virginia, versus 54 percent of women who didn’t graduate from high school and 44 percent of those with high school diplomas. Murray also finds that college-educated women are far less likely to become single moms; college-educated couples are also less likely to get divorced or to have kids who spend time in single-parent homes. If they don’t like contraception (the easiest way to help single women avoid having kids), they should at least push college as the solution to too many kids being raised by single moms.

Of course, they don’t. In fact, they’re doing the opposite: Santorum famously derided Obama as a “snob” for wanting to make college more available, and all the GOP candidates’ proposed federal budgets cut funding for Pell Grants and other college support.  So two key ways to cut down on single-parent homes – contraception and college – are off the table for discussion.

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It’s hard not to wonder if the entire Republican crusade against contraception (along with its other more familiar objections to women’s rights) stems from anxiety about the status of men. Such concern isn’t restricted to the right, nor should it be. Hanna Rosin’s controversial July 2010 Atlantic article “The End of Men” pointed to women’s rising success in universities and the workplace and asked whether “the modern, postindustrial economy is simply more congenial to women than to men?” The fact is, American women aren’t increasingly dependent on government; they’re increasingly independent, and supporting themselves. It’s men who seem to be falling behind.

Like Murray, Rosin pronounced working-class men the worst off, economically and psychologically, in today’s economy; unlike Murray, she traced their troubles not to government liberating women from dependency on men, but to the decline of manufacturing jobs and other decent opportunities for those who didn’t go to college. Rosin uncovered the way our gender stereotypes hurt men, too: Of the 15 fastest-growing job categories, 13 disproportionately employ women, and not enough men seem to be clamoring to break down gender barriers and get some of those jobs for themselves.

Rosin was too quick to accept men’s reluctance to do “women’s work” as bred in the bone and impossible to overcome. Of course, Republicans aren’t looking for ways to help men acclimate to the new economy. Instead they propose reversing 50 years of progress, stigmatizing and curbing access to contraception, and convincing Americans that the problems of the struggling working class are due to Democrats who encouraged dependency on government instead of on men – rather than an economy and a political system that’s been rearranged in those 50 years to make the rich ever richer.

Do I think the so-called war on women is a conscious effort among Republicans to drive women back into the home, barefoot and pregnant, to shore up men? Mostly I don’t think it’s that overt or conscious (except for Rick Santorum, and maybe Pat Buchanan, whose “Suicide of a Superpower” warned that abortion and contraception among white women are large factors in the decline of white America). I think it’s more a reflection of the fact that they have no answer to the metastasizing problems of the working and middle classes, and they’re committed to protecting the prerogatives of the top 1 percent. So even guys like Mitt Romney have joined the ultra-right crusade to blame Democrats for encouraging “dependency” on government rather than on the individual and the family, preferably headed by a man.

Lost in this debate is the extent to which Democrats and reformers helped create the family as we’ve known it, the one Republicans glorify. There was little concept of childhood before progressives fought to carve it out with child labor laws and universal education. Surging union membership encouraged by pro-labor legislation helped many working-class families rise. The post-World War II social compact contributed to a prosperity that let many middle-class women stay home, if they wanted to; it’s the erosion of that social compact, at least as much as feminism, that forced mothers to find jobs, whether they wanted to or not.

Today, there are other ways to shore up the family. If economically successful, college-educated people are more likely to marry and stay married, as Murray and his conservative colleagues agree they are, shouldn’t we look for ways to make sure more Americans are economically successful and college-educated? It seems like a win-win, whether our goal is to support marriage or to prevent the continued immiseration of the American working and middle classes, right?

Chris Matthews closed my contraception debate with Michael Steele by saying, “We’re all in this together.” We are, and we should all admit that social change that manifests in such deeply personal ways is hard. We should be talking honestly about it, but one party is invested in stifling conversation and turning back the clock. Their crusade isn’t popular: It’s pretty clear Republicans will pay at the polls in November. But we’re all paying in the meantime.

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Joan Walsh

Joan Walsh is Salon's editor at large.

The GOP’s abortion offensive reaches New Hampshire

Once a bastion of fiscal conservatism and social tolerance, the GOP's war on women has infected the state House

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The GOP's abortion offensive reaches New Hampshire (Credit: Reuters/Jim Young)

New Hampshire is supposed to be a libertarian state relatively unconcerned by “social issues,” so what is its House doing passing eight bills restricting abortion and contraception access? As atypical as New Hampshire politics can be in the U.S., what’s unfolding there is typical of what the 2010 Republican wave actually achieved. Even as the state’s GOP relents in its fight against gay marriage, it’s waging an unprecedented assault on women’s rights, some of it arguably unconstitutional. Their efforts are a sign of how wholeheartedly the Republican Party, despite its 2010 rhetoric on the economy, has taken up its war on women, even in places you wouldn’t expect it.

“We haven’t seen activity around this since Roe v. Wade,” Jennifer Frizzell, senior policy advisor for Planned Parenthood of Northern New England, told me. “New Hampshire Republicans had a long tradition of keeping out government intrusion in the practice of medicine.”

New Hampshire has had a Republican-dominated Legislature for most of the past few decades, but in 2010, a new class came in, dominating the House (and to a lesser extent the Senate). The old Republicans preferred fiscal issues to regulating abortion.  The exception was a parental consent law, parts of which the Supreme Court found unconstitutional in 2005. After the Democrats briefly took over both the Legislature and the governor’s mansion in 2006, it was repealed.

This Legislature brought it back and overrode the Democratic governor’s veto, and then introduced 10 more reproductive rights-restricting bills, eight of which passed — if you’re counting, eight times as many as in the last nearly 40 years. That’s consistent with what happened nationally after the Republican victories of 2010: In all 50 states, “legislators introduced more than 1,100 reproductive health and rights-related provisions, a sharp increase from the 950 introduced in 2010. By year’s end, 135 of these provisions had been enacted in 36 states, an increase from the 89 enacted in 2010 and the 77 enacted in 2009,” according to Guttmacher. In New Hampshire, many of the new representatives were specifically recruited by outside groups who wanted to repeal New Hampshire’s gay marriage law. Failing at that, they’ve evidently decided to focus their energies on abortion and contraception instead. So much for the Tea Party’s economic agenda.

New Hampshire’s Senate has been more cautious; it hasn’t introduced any such bills, and it may yet refuse to send them to the governor. (The House is also famously enormous, with over 400 members.) And that governor, John Lynch, is pro-choice; his press secretary has said,  ”The governor believes these are about healthcare decisions between a woman and her doctor. He doesn’t think state government should get involved. That’s the principle he’ll use reviewing these bills should they reach his desk.” But that’s no reason to be complacent about the bills that the House has passed in recent days.

They include a Texas-style ban denying public funding for women’s health services to organizations like Planned Parenthood for providing abortions — which the federal government has repeatedly pointed out is illegal — and a new 24-hour waiting period that would include scientifically inaccurate counseling specifically intended to talk the woman out of her decision. (The bill’s main sponsor was bald about the bill’s origins: ”This is model legislation from Americans for Life,” she said. “Does abortion increase the risk of breast cancer? It depends on the study [you believe].” That is, only if you believe studies that the National Cancer Institute has pointed out are definitively debunked.)

Another troubling bill, similar to one passed in seven states, bans abortions after 20 weeks on the scientifically and constitutionally suspect claim that that’s when fetuses begin to feel pain. These abortions are exceedingly rare, but the current Supreme Court framework is that states can’t put an undue burden on women seeking abortion before viability, which is several weeks later than 20 weeks. This is exactly the type of legislation that anti-choice incrementalists hope to get before the Supreme Court, where they have reason to believe Justice Anthony Kennedy will be sympathetic to their evidence-free claims. That’s likely why pro-choice litigants haven’t challenged any of these bans despite their unconstitutionality. Which leaves only one sure way to prevent these sorts of restrictions: electing officials who won’t pass them in the first place.

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Irin Carmon

Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com.

Mockery: Women’s new weapon

From a sex strike to satirical anti-Viagra bills, the war on reproductive rights has some responding with laughs

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Mockery: Women's new weapon

From a proposed sex strike to mock legislation restricting access to Viagra, women are coming up with increasingly creative ways to respond to attacks on reproductive rights. Many of them are relying on something ladies are often said to be without: a sense of humor.

In case you didn’t catch on, the sex strike is tongue-in-cheek. Annette Maxberry-Carrara, founder of Liberal Ladies Who Lunch — the group that proposed the “Access Denied” protest — tells me with a laugh, “We’re not looking at it as a literal strike.” But they are making a serious political statement. The event’s tagline reads, “If our reproductive choices are denied, so are yours.”

You would have to be profoundly tone deaf to not recognize the satire in recent bills proposed by female lawmakers that proclaim “every sperm is sacred” and restrict access to the blue pill. Last month, Oklahoma state Sen. Constance Johnson offered a bill in response to Senate Bill 1433 — which seriously and nonsatirically holds that a fetus at “every stage of development” has “all the rights, privileges and immunities available to other persons, citizens and residents of this state.” Her proposal states, “[A]ny action in which a man ejaculates or otherwise deposits semen anywhere but in a woman’s vagina shall be interpreted and construed as an action against an unborn child.”

A handful of similar bills call for men to jump through hoops to obtain Viagra — a mandated cardiac stress test, a rectal exam, even being forced to watch a “horrific” video on the drug’s side effects. Some have managed to make a big statement without a bill: During a protest of Oklahoma’s Personhood measure, state Sen. Judy Eason McIntyre stood in front of the state Capitol with a grin on her face and holding a sign reading, “If I wanted the government in my womb I’d fuck a senator.”

It isn’t just these daring female lawmakers who are turning to humor to combat the anti-choice onslaught. Consider the scores of everyday women who have hijacked the Facebook page of Virginia state Sen. Ryan McDougle — a supporter of the state’s transvaginal ultra-sound mandate — with exquisitely detailed descriptions of their vaginas. For example: “Hey senator! just a quick hello to let you know that I’m currently ovulating! my vaginal discharge is thick and sticky and smells acidic (probably all the garlic i’ve been eating!).” In February, my Facebook news feed was filled up with repostings of a screenshot from “Morning Joe” showing an all-male panel criticizing an all-male Congressional panel on birth control. (The show certainly didn’t intend it as satire, but it read like a piece from the Onion, and women circulated it as such.) That’s not to mention recent biting commentary on the topic from comedians like Amy Poehler.

This isn’t entirely new, of course. Women have long used satire to make political points. Just look at suffragette Alice Duer Miller’s bulletpoint list of reasons why men should not be given the right to vote (a highlight: “Because men are too emotional to vote. Their conduct at baseball games and political conventions shows this, while their innate tendency to appeal to force renders them unfit for government”).

“There were a lot of women humorists in the 19th century who were going at the political system in a very similar way, and it had a very big effect on women getting the vote and being able to be admitted to colleges,” says humorist and feminist theory professor Gina Barreca. “Every generation of women sadly thinks they’re the first ones ever to do this because the tradition isn’t usually encoded.”

That said, it’s reached a fever pitch as of late. The recent comedy-infused pushback against the assault on reproductive rights builds on what Amber Day, author of “Satire and Dissent: Interventions in Contemporary Political Debate,” calls a “satirical renaissance” of the last decade. It’s a result, in part of the fact that “political debate has become so heavily stage managed that there is rarely any discussion of substance happening,” she says, and talking points are “repeated ad infinitum on the debate programs, with scarcely anyone bothering to fact check or to push through to the real substance of the matter.” Contemporary satire — from “The Daily Show” to “Saturday Night Live’s” Weekend Update — offer “us a way to satisfyingly break through the existing script.”

Women are turning to satire now “for many of the same reasons others have in the past,” Day says — it’s just that the current war on reproductive rights is more motivating for vagina-havers. “What much of the recent satire has demonstrated is that there is still a lot of sanctimonious language that gets used in discussions of women’s health and sexuality,” she says. “That language is revealed as ridiculous when applied to men’s sexuality.”

That was the aim of Missouri state Rep. Stacey Newman, a Democrat, who proposed a measure earlier this month that read in part, “A vasectomy shall only be performed to avert the death of the man or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the man.” She tells me that attempts to restrict women’s reproductive rights are constant. “We deal with this all the time,” she says. “You feel like all you can do is sit there and bury your head and go, ‘Is anybody paying attention?’”

Maxberry-Carrara, of the faux sex strikers, was similarly aiming to get people’s attention, and her tongue-in-cheek protest did the trick — and the strike hasn’t even officially started yet. “What we wanted was to bring attention to the assault on women’s rights,” she says. Her hope is that by poking fun at these legislators, “the less seriously we can take them as candidates.”

Barreca, author of “It’s Not That I’m Bitter … : Or How I Learned to Stop Worrying About Visible Panty Lines and Conquered the World,” says women are turning to humor right now “because it’s so much more effective than weeping or banging your shoe on that table!” She says, “The point of satire is not only to illustrate the absurdity of things but to show what the world looks like when it’s turned upside down.”

Amanda Marcotte, a feminist commentator and author, says, “Things have just gotten to the point of absurdity that you can’t react without being absurd yourself.” Thanks to recent attacks on even contraception, “ordinary women who often don’t pay attention to politics are finally beginning to pay attention,” she says. “And I think that means more opportunities to communicate through humor instead of the typical outrage thing. Humor can be very clarifying.”

Meg Wolitzer, author of “The Uncoupling,” a fictionalized account of a sex strike, points out, there’s a long tradition, “starting with Aristophanes and continuing up through a strange episode of “Gilligan’s Island” that I remember from my childhood,” of sex strikes being used for comedy. “Desperate times do call for creative and vigorous responses, and the assault on reproductive rights today certainly qualifies as desperate times. I think women need to find lots of ways to speak out and act, and this is just one,” she says.

You might ask how effective it is in bringing about actual change. Day says, “Historically, satire has often been dismissed as never actually accomplishing anything, because it is extremely rare to be able to draw a straight line from a piece of satire to a substantive political response, like a bill being passed.” (Although she gives the example of Jon Stewart and the Zadroga Act; Stewart helped shame Republicans who filibustered against extending benefits to Sept. 11 responders who died of cancer or respiratory diseases.) But this is “an overly narrow way to think about political efficacy,” she says. “When satire is successful, it functions to shift the terms of the wider public discussion. And that, in itself, is a big deal.”

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Tracy Clark-Flory

Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter.

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