The New Religious Exemptions from the HHS Contraceptive Mandate Are a Victory for Personal Freedom (and Responsibility) Over State Coercion
Oct. 12, 2017
Linda Greenhouse of the New York Times has written a column critical of the Trump administration’s recent announcement of broad religious and moral exemptions to the HHS mandate under Obamacare that required employers to provide free contraception as part of any health insurance plan.
Greenhouse begins her column this way: “Saudi women are gaining the right to drive. American women are losing the right to employer-provided birth control.”
At least she was honest enough to not use the hyperbole of saying, “American women are losing birth control.” The government remains powerless to prevent women (or men) from purchasing and/or using birth control if they choose to. The vast majority are not even losing “employer-provided birth control,” since the percentage of employers likely to claim either a religious or moral objection is always likely to be tiny. No, they are only losing “the right to employer-provided birth control”—meaning the government will no longer coerce said employers into providing birth control.
However, this admirable precision in language means that her analogy with Saudi women simply does not work. American women are not losing “the right to use birth control,” which might be analogous to “the right to drive.” For the analogy to work, she would have to say, “Saudi women are gaining the right to employer-provided automobiles.”
But this, of course, is ridiculous. No one—in Saudi Arabia, or in the United States—has ever had “the right to employer-provided automobiles.” This, despite the fact that (I would argue) access to transportation is far more fundamental to having a free and prosperous life in the modern world than is access to birth control. We simply expect people who want to own automobiles to purchase them themselves. Of course, some people are too poor to buy a car, and must often rely on public transportation—but even that is not provided for free, but requires payment of a fare. What is so exceptional about birth control that private employers should be forced by the government to provide it at absolutely no cost to the user?
Greenhouse says, “I used to think . . . that the resistance to the contraception mandate was fueled by cultural conservatives’ determination not to let federal policy normalize birth control.” If this were the case, the new administration’s policy would still fall short. Since pregnancy is not a disease, contraception, when used merely as a method of family planning, is by definition an elective item or service, rather than a medically necessary one that should be subject to any coverage mandate. Yet the Trump administration has actually left the HHS mandate intact—while simply allowing a much more expansive exemption for the small number of employers with religious or moral objections.
Now, however, Greenhouse goes further in reading the minds of conservatives, declaring, “The problem they have is with what birth control signifies: empowering women — in school, on the job, in the home — to determine their life course.” This paranoid Handmaid’s Tale view of the world is simply bizarre. I guess Greenhouse is oblivious to the many conservative women— empowered and powerful, every one of them—who have led the fight against the HHS mandate from its beginning.
The headline on Greenhouse’s piece online reads, “On Contraception, It’s Church Over State.” Yet no church dogma has been imposed on anyone. It remains perfectly acceptable (in the eyes of the federal government) for women and men to purchase and use birth control. But now, it is also acceptable (as it always should have been, under the First Amendment) for some religious people to object to materially participating in the process. In reality, the new rules mean, “It’s Personal Freedom (and Responsibility) over State Coercion.”
I suspect what Greenhouse is really upset about is the Trump administration setting back the Left’s attempts to “establish” their own religion—the Church of the Sexual Revolution—whose most fundamental doctrine is the unlimited right not only to sex, but to sex without consequences, with the federal government as the guarantor of that “right.”