Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Support Our Annual Fund Drive! CounterPunch is entirely supported by our readers. Your donations pay for our small staff, tiny office, writers, designers, techies, bandwidth and servers. We don’t owe anything to advertisers, foundations, one-percenters or political parties. You are our only safety net. Please make a tax-deductible donation today.
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

More articles by:

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine

minimag-edit

September 29, 2016
Robert Fisk
The Butcher of Qana: Shimon Peres Was No Peacemaker
James Rose
Politics in the Echo Chamber: How Trump Becomes President
Russell Mokhiber
The Corporate Vice Grip on the Presidential Debates
Daniel Kato
Rethinking the Race over Race: What Clinton Should do Now About ‘Super-Predators’
Peter Certo
Clinton’s Awkward Stumbles on Trade
Fran Shor
Demonizing the Green Party Vote
Rev. William Alberts
Trump’s Road Rage to the White House
Luke O'Brien
Because We Couldn’t Have Sanders, You’ll Get Trump
Michael J. Sainato
How the Payday Loan Industry is Obstructing Reform
Robert Fantina
You Can’t Have War Without Racism
Gregory Barrett
Bad Theater at the United Nations (Starring Kerry, Power, and Obama
James A Haught
The Long, Long Journey to Female Equality
Thomas Knapp
US Military Aid: Thai-ed to Torture
Jack Smith
Must They be Enemies? Russia, Putin and the US
Gilbert Mercier
Clinton vs Trump: Lesser of Two Evils or the Devil You Know
Tom H. Hastings
Manifesting the Worst Old Norms
George Ella Lyon
This Just in From Rancho Politico
September 28, 2016
Eric Draitser
Stop Trump! Stop Clinton!! Stop the Madness (and Let Me Get Off)!
Ted Rall
The Thrilla at Hofstra: How Trump Won the Debate
Robert Fisk
Cliché and Banality at the Debates: Trump and Clinton on the Middle East
Patrick Cockburn
Cracks in the Kingdom: Saudi Arabia Rocked by Financial Strains
Lowell Flanders
Donald Trump, Islamophobia and Immigrants
Shane Burley
Defining the Alt Right and the New American Fascism
Jan Oberg
Ukraine as the Border of NATO Expansion
Ramzy Baroud
Ban Ki-Moon’s Legacy in Palestine: Failure in Words and Deeds
Gareth Porter
How We Could End the Permanent War State
Sam Husseini
Debate Night’s Biggest Lie Was Told by Lester Holt
Laura Carlsen
Ayotzinapa’s Message to the World: Organize!
Binoy Kampmark
The Triumph of Momentum: Re-Electing Jeremy Corbyn
David Macaray
When the Saints Go Marching In
Seth Oelbaum
All Black Lives Will Never Matter for Clinton and Trump
Adam Parsons
Standing in Solidarity for a Humanity Without Borders
Cesar Chelala
The Trump Bubble
September 27, 2016
Louisa Willcox
The Tribal Fight for Nature: From the Grizzly to the Black Snake of the Dakota Pipeline
Paul Street
The Roots are in the System: Charlotte and Beyond
Jeffrey St. Clair
Idiot Winds at Hofstra: Notes on the Not-So-Great Debate
Mark Harris
Clinton, Trump, and the Death of Idealism
Mike Whitney
Putin Ups the Ante: Ceasefire Sabotage Triggers Major Offensive in Aleppo
Anthony DiMaggio
The Debates as Democratic Façade: Voter “Rationality” in American Elections
Binoy Kampmark
Punishing the Punished: the Torments of Chelsea Manning
Paul Buhle
Why “Snowden” is Important (or How Kafka Foresaw the Juggernaut State)
Jack Rasmus
Hillary’s Ghosts
Brian Cloughley
Billions Down the Afghan Drain
Lawrence Davidson
True Believers and the U.S. Election
Matt Peppe
Taking a Knee: Resisting Enforced Patriotism
FacebookTwitterGoogle+RedditEmail
[i]
[i]
[i]
[i]