Birth Control
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
Abortion 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.
Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com. More Irin Carmon.
“Birth control doesn’t matter”
A new survey reveals just how ignorant young people are about contraception and pregnancy
(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.
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Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com. More Irin Carmon.
Abortions made public
States want more data on abortion patients. Zealots want their hands on it. Shame is the new anti-choice strategy
(Credit: Cannaregio via Shutterstock/Salon/Benjamin Wheelock) It was an “anonymous informant,” Operation Rescue claimed last week, after someone slipped them the April records of 86 women who were treated at Central Family Medical. The clinic’s lawyer was blunter. “It certainly appears to me that a crime was committed,” Cheryl Pilate told the Kansas City Star. Though the clinic (which performs abortions) had already reported a break-in to a locked dumpster, Pilate said it wouldn’t have contained patient records, which are shredded. The “informant” must have gotten the documents – containing names, addresses and details of procedures – another way.
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Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com. More Irin Carmon.
The myth of the “morning-after abortion pill”
There's a reason why people mistake emergency contraception and abortion: The right intentionally confuses the two
(Credit: Shutterstock/Salon/Benjamin Wheelock) It started around February, when Republicans were still eager to talk about contraception. The Obama administration, or so Mitt Romney charged in Colorado, was forcing religious institutions to provide “morning-after pills –in other words abortive pills — and the like, at no cost.”
It was, of course, a lie. Romney was conflating two different pills: emergency contraception, known as the morning-after pill, which prevents a pregnancy; and chemical abortion, or mifepristone, which ends a pregnancy of up to seven weeks’ gestation and isn’t covered under the new guidelines. Since both pills were marketed in the U.S. around the same time, even some pro-choicers have gotten confused. But Colorado happens to be the epicenter of people confusing them on purpose. It’s the birthplace of the Personhood movement and home to Focus on the Family, both of which have strategically called emergency contraception “abortion” on the scientifically unproven basis that they could block a fertilized egg from implanting.
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Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com. More Irin Carmon.
Mockery: Women’s new weapon
From a sex strike to satirical anti-Viagra bills, the war on reproductive rights has some responding with laughs
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.”
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Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter. More Tracy Clark-Flory.
No estrogen tsunami for Democrats
Hype aside, polls show women aren't buying the "War on Women"
(Credit: Stuart Monk via Shutterstock) Boy, am I tired of hearing from the women at the Democratic Congressional Campaign Committee. I am tired of Jennifer Crider (email yesterday: “Violence Against Women”), Diana DeGette (email the day before: “Vile”), Kelly Ward (last Tuesday: “How Much Worse Can It Get”), and even executive director Robby Mook, whatever gender Robby is (979,540 [names on petition against Republican War on Women]). Oh, the Republican War on Women. Give the Democrats your money, the emails say, and they’ll show those gender warriors it doesn’t pay to mess with Mother Nature, or any other female, for that matter.
Continue Reading CloseLinda Hirshman is the author of “Victory: The Triumphant Gay Revolution,” forthcoming in June 2012. Follow her on Twitter @LindaHirshman1 More Linda Hirshman.
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