FacebookTwitterGoogle+RedditEmail

The Contraception Mandate

by SHELDON RICHMAN

“Nowadays to be intelligible is to be found out.”

—Oscar Wilde

In the wacky world of American politics, if you as an employer have a religious objection to paying for your employees’ contraceptives, it is you who is contemptuous of religious freedom.

As the New York Times editorial board lectured a judge who thinks otherwise, “the threat to religious liberty comes from employers trying to impose their religious views on workers.”

You read that correctly. Refusing to pay for other people’s birth-control products — more specifically, opposing a government mandate to pay — is equivalent to imposing your religious views.

The Patient Protection and Affordable Care Act (Obamacare) mandates not only that employers provide comprehensive medical insurance to their full-time employees, but also that the coverage include contraceptives — at no cost to employees. Because contraceptives are not found free in nature and insurance companies are for-profit businesses, not charitable foundations, this means that the explicit expense must be borne by employers.

This raises a host of issues. For example, if employers have to pay up front for their employees’ contraceptives, the money will likely be subtracted from some other form of compensation, perhaps other noncash benefits. So employees will pay after all; they just won’t realize it.

Moreover, the use of contraceptives is not an insurable event because it is a volitional action. Insurance was devised to provide financial protection against unlikely but costly happenings, such as major disease, fire, and storms. It was not supposed to be a way to get other people to pay for the routine things you want to buy.

Coverage for contraceptives is like fire insurance that covers arson committed by the policyholder. It’s the kind of thing that only government can bring into existence — by threatening those who fail to comply. The corruption of language is just one of many offenses here. (See my “Contraception: Insuring the Uninsurable.”)

As we know, some employers have a religious objection to contraception and therefore believe that their freedom of conscience is violated by the mandate that compels them to pay for their employees’ birth-control products. (Must I say that the validity of their moral views on contraception is irrelevant as far as justice is concerned?) When this objection was raised, the Obama administration came up with a confusing — and in the end, inconsequential – “accommodation” for some religious organizations, but it fell far short of recognizing the right of all employers not to be forced to pay for other people’s contraception. (Of course, much more than this should have been challenged.)

Now, in the last two weeks, the mandate has taken a hit in the courts. A U.S. district judge in Brooklyn issued an injunction in favor of affiliates of the Roman Catholic Diocese of New York. Then Supreme Court Justice Sonia Sotomayor temporarily exempted a Colorado order of nuns from the mandate to keep it from being hit with big fines.

These and similar cases filed by for-profit companies will end up in the Supreme Court, and there’s no telling what will happen. Let’s recall that the court has already ruled that the government can force each of us to buy medical insurance as long as the penalty for not doing so is called a tax.

We need to hold the mandate’s advocates responsible for their base rhetoric. It is the government’s decree — not the employers who object to it — that violates religious liberty. Those who favor the mandate say repeatedly that employers who would refuse to pay for their employees’ contraceptives because of religious scruples would be denying women access to contraception. That is obviously a lie, sheer demagogy. No woman would be prohibited from obtaining contraceptive products because her employer refused to pay. Even if contraception were prohibitively expensive — which it is not — merely abstaining from paying would not constitute denial of access.

People who make such demagogic statements know the difference between denying access and merely choosing not to foot the bill, but they hope we won’t see the distinction. In other words, they insult our intelligence. (The news media are accomplices in this commission of base rhetoric. I’d like to know of one case in which a reporter asked Cecile Richards, president of Planned Parenthood, to defend her equation of the refusal to pay with the violation of the rights women.)

Next the mandate advocates throw up a smokescreen of irrelevancies, such as the benefits and widespread use of contraception. I call this irrelevant not because the claims are false, but because even if true, they do justify compelling anyone to pay for someone else’s contraception.

That is the only point at issue. On what grounds can the government justly require employers to pay for their employees’ birth control services?

Finally, proponents of the mandate warn that if religious employers can opt out of paying for contraception, what’s to keep any employer from claiming a conscientious objection to all Obamacare (or other) mandates?

Nothing, I hope. We should welcome it. Religious people who oppose contraception are not the only people with rights against the government. No one should be subjected to government mandates. The only thing any of us can be legitimately required to do is abstain from initiating force and fraud against others. Enforceable decrees that go beyond that simple prohibition violate our rights and have no place in a civil society.

Sheldon Richman is vice president and editor at The Future of Freedom Foundation in Fairfax, Va. (www.fff.org).

Sheldon Richman, author of the forthcoming America’s Counter-Revolution: The Constitution Revisited, keeps the blog Free Association and is a senior fellow and chair of the trustees of the Center for a Stateless Society, and a contributing editor at Antiwar.com.  He is also the Executive Editor of The Libertarian Institute.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

February 21, 2017
Sharmini Peries - Michael Hudson
Finance as Warfare: the IMF Lent to Greece Knowing It Could Never Pay Back Debt
CJ Hopkins
Goose-stepping Our Way Toward Pink Revolution
John Wight
Firestarter: the Unwelcome Return of Tony Blair
Roger Harris
Lenin Wins: Pink Tide Surges in Ecuador…For Now
Shepherd Bliss
Japanese American Internment Remembered, as Trump Rounds Up Immigrants
Boris Kagarlitsky
Trump and the Contradictions of Capitalism
Robert Fisk
The Perils of Trump Addiction
Deepak Tripathi
Theresa May: Walking the Kingdom Down a Dark Alley
Sarah Anderson
To Save Main Street, Tax Wall Street
Howard Lisnoff
Those Who Plan and Enjoy Murder
Franklin Lamb
The Life and Death Struggle of the Children of Syria
Binoy Kampmark
A Tale of Two Realities: Trump and Israel
Kim C. Domenico
Body and Soul: Becoming Men & Women in a Post-Gender Age
Mel Gurtov
Trump, Europe, and Chaos
Stephen Cooper
Steinbeck’s Road Map For Resisting Donald Trump
February 20, 2017
Bruce E. Levine
Humiliation Porn: Trump’s Gift to His Faithful…and Now the Blowback
Melvin Goodman
“Wag the Dog,” Revisited
Robert Hunziker
Fukushima: a Lurking Global Catastrophe?
David Smith-Ferri
Resistance and Resolve in Russia: Memorial HRC
Kenneth Surin
Global India?
Norman Pollack
Fascistization Crashing Down: Driving the Cleaver into Social Welfare
Patrick Cockburn
Trump v. the Media: a Fight to the Death
Susan Babbitt
Shooting Arrows at Heaven: Why is There Debate About Battle Imagery in Health?
Matt Peppe
New York Times Openly Promotes Formal Apartheid Regime By Israel
David Swanson
Understanding Robert E. Lee Supporters
Michael Brenner
The Narcissism of Donald Trump
Martin Billheimer
Capital of Pain
Thomas Knapp
Florida’s Shenanigans Make a Great Case for (Re-)Separation of Ballot and State
Jordan Flaherty
Best Films of 2016: Black Excellence Versus White Mediocrity
Weekend Edition
February 17, 2017
Friday - Sunday
David Price
Rogue Elephant Rising: The CIA as Kingslayer
Matthew Stevenson
Is Trump the Worst President Ever?
Jeffrey St. Clair
Roaming Charges: Tinker, Tailor, Soldier, Flynn?
John Wight
Brexit and Trump: Why Right is Not the New Left
Diana Johnstone
France: Another Ghastly Presidential Election Campaign; the Deep State Rises to the Surface
Neve Gordon
Trump’s One-State Option
Roger Harris
Emperor Trump Has No Clothes: Time to Organize!
Joan Roelofs
What Else is Wrong with Globalization
Andrew Levine
Why Trump’s Muslim Travel Ban?
Mike Whitney
Blood in the Water: the Trump Revolution Ends in a Whimper
Vijay Prashad
Trump, Turmoil and Resistance
Ron Jacobs
U.S. Imperial War Personified
David Swanson
Can the Climate Survive Adherence to War and Partisanship?
Andre Vltchek
Governor of Jakarta: Get Re-elected or Die!
Patrick Cockburn
The Coming Destruction of Mosul
Norman Pollack
Self-Devouring Reaction: Governmental Impasse
FacebookTwitterGoogle+RedditEmail