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).

More articles by:

Sheldon Richman, author of 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.

November 22, 2017
Jonathan Cook
Syria, ‘Experts’ and George Monbiot
William Kaufman
The Great American Sex Panic of 2017
Richard Moser
Young Patriots, Black Panthers and the Rainbow Coalition
Robert Hunziker
Fukushima Darkness
Lee Artz
Cuba Libre, 2017
Mark Weisbrot
Mass Starvation and an Unconstitutional War: US / Saudi Crimes in Yemen
Frank Stricker
Republican Tax Cuts: You’re Right, They’re Not About Economic Growth or Lifting Working-Class Incomes
Edward Hunt
Reconciling With Extremists in Afghanistan
Dave Lindorff
Remembering Media Critic Ed Herman
Nick Pemberton
What to do About Al Franken?
November 21, 2017
Gregory Elich
What is Behind the Military Coup in Zimbabwe?
Louisa Willcox
Rising Grizzly Bear Deaths Raise Red Flag About Delisting
David Macaray
My Encounter With Charles Manson
Patrick Cockburn
The Greatest Threats to the Middle East are Jared Kushner and Mohammed bin Salman
Stephen Corry
OECD Fails to Recognize WWF Conservation Abuses
James Rothenberg
We All Know the Rich Don’t Need Tax Cuts
Elizabeth Keyes
Let There be a Benign Reason For Someone to be Crawling Through My Window at 3AM!
L. Ali Khan
The Merchant of Weapons
Thomas Knapp
How to Stop a Rogue President From Ordering a Nuclear First Strike
Lee Ballinger
Trump v. Marshawn Lynch
Michael Eisenscher
Donald Trump, Congress, and War with North Korea
Tom H. Hastings
Reckless
Franklin Lamb
Will Lebanon’s Economy Be Crippled?
Linn Washington Jr.
Forced Anthem Adherence Antithetical to Justice
Nicolas J S Davies
Why Do Civilians Become Combatants In Wars Against America?
November 20, 2017
T.J. Coles
Doomsday Scenarios: the UK’s Hair-Raising Admissions About the Prospect of Nuclear War and Accident
Peter Linebaugh
On the 800th Anniversary of the Charter of the Forest
Patrick Bond
Zimbabwe Witnessing an Elite Transition as Economic Meltdown Looms
Sheldon Richman
Assertions, Facts and CNN
Ben Debney
Plebiscites: Why Stop at One?
LV Filson
Yemen’s Collective Starvation: Where Money Can’t Buy Food, Water or Medicine
Thomas Knapp
Impeachment Theater, 2017 Edition
Binoy Kampmark
Trump in Asia
Curtis FJ Doebbler
COP23: Truth Without Consequences?
Louisa Willcox
Obesity in Bears: Vital and Beautiful
Deborah James
E-Commerce and the WTO
Ann Garrison
Burundi Defies the Imperial Criminal Court: an Interview with John Philpot
Robert Koehler
Trapped in ‘a Man’s World’
Stephen Cooper
Wiping the Stain of Capital Punishment Clean
Weekend Edition
November 17, 2017
Friday - Sunday
Paul Street
Thank an Anti-War Veteran
Andrew Levine
What’s Wrong With Bible Thumpers Nowadays?
Jeffrey St. Clair - Alexander Cockburn
The CIA’s House of Horrors: the Abominable Dr. Gottlieb
Wendy Wolfson – Ken Levy
Why We Need to Take Animal Cruelty Much More Seriously
Mike Whitney
Brennan and Clapper: Elder Statesmen or Serial Fabricators?
David Rosen
Of Sex Abusers and Sex Offenders
FacebookTwitterGoogle+RedditEmail