Republicans Decide People with a Uterus Should Have No Say on Issues of Birth Control and Religious Freedom

Yesterday, the House Committee on Oversight and Government Reform assembled a panel to discuss the birth control mandate (which I've written about here, here, and here). The goal of the panel was to determine whether or not the mandate violates religious freedom.

Since I last wrote about the birth control mandate, the Obama administration has offered a compromise to help protect people who, for religious reasons, think birth control is evil. Instead of requiring religious employers to subsidize the cost of of birth control, the insurance companies providing the institution's health care plan will have to subsidize the cost. But even with this compromise, religious extremists, including the U.S. Conference of Catholic Bishops, are unhappy and feel that Obama has declared war on religion.

I think many feminists knew all along that the outrage over the mandate had nothing to do with religious freedom, and had everything to do with controlling women. Religious extremists, including the USCCB, think it is bad and dangerous that women have the ability to have sex without getting pregnant, to have fewer children, or to delay having children, even if they're married. And many believe that taking hormonal birth control is the equivalent of having an abortion, despite that thing called science which tells us otherwise. Jill over at Feministe writes:

So fine, compromise time: Catholic organizations, even those that are not really all that religious and instead serve the public, won’t have to pay for contraception. Instead, insurance companies will have to cover contraception. Bam, women are covered, and no one is forced to violate their strong moral opposition to birth control by covering it for their employees. Good, right? Everyone’s happy?

Nope! Because, wait, this is just about a handful of celibate men wanting to control women’s reproductive freedoms? And it’s not really about religious freedom at all? It’s just about hostility to women having the ability to prevent pregnancy? Oh. Who could have possibly seen that coming?

So despite the fact that no religious employer even has to subsidize the cost of contraception, a panel was organized to see if the fact that women have access to contraception at all interferes with religious freedom (newsflash: it doesn't).

California Republican Darrell Issa was in charge of the panel, and he rejected requests to have women on the panel saying, "the hearing is not about reproductive rights and contraception." Instead, he composed a panel of five men from various religious traditions. Not only did he decide that it was silly to include people who have a uterus or actually take birth control, he also decided that women don't have religious consciences. He could have included one of the 98% of Catholic women who use contraception. But apparently their religious conscience doesn't count. It is the religious conscience of the celibate men we should be worried about! Their religious freedom matters, not women's.

This video shows Representatives arguing against the panel because it only includes people who disagree with the mandate and only represents a small portion of religious institutions (for example, Catholic charities that support the mandate were not invited. Neither was Catholics for Choice). They also argue that it does not include women, who will be primarily affected if the mandate is overruled. They literally plead to allow a woman to participate. Reps. Carolyn Maloney and Eleanor Holmes Martin walked out in protest. As Maya over at Feministing writes, "This is democracy in action ladies and gentlemen: Women actively barred from speaking about an issue that directly affects us, our health, and our lives." I'd also like to add that if this is actually a legal issue about separation of church and state, where are the legal scholars? None of the people on this panel have any great legal knowledge.



If this isn't enough, in Issa's opening statement he said that "a man's conscience" should guide laws in America (emphasis mine). Then Bishop William Lori compared insurance companies subsidizing the cost of contraception to Jewish delis being forced to serve pork. Does he know that not eating pork isn't exactly a public health issue, or that not having access to pork doesn't mean you'll wind up pregnant? Does he know that Jewish delis, or Jewish hospitals/schools for that matter, don't run around actively trying to bar other Jews, and especially non-Jews, from eating pork. They're not upset that some of their hard-earned tax money might end up supporting pig farmers or the meat industry, thus violating their conscience. In addition to being a ridiculous analogy (although not as ridiculous as an analogy I heard from another Catholic man, who said the birth control mandate is the same as telling Catholic doctors that they have to shoot their patients), comparing bacon to birth control and women's health is incredibly demeaning and insulting. Erin Gloria Ryan, from Jezebel, writes, "The comparison of birth control to cooked pig parts was effective in one way, though— it showed that the Church utterly devalues women, and views their health care as a recreational afterthought. Want to have some honey glazed ham? Wanna keep from getting pregnant? Same thing!"

The fact that access to birth control is compared to access to bacon is infuriating. The fact that no one on the panel was a woman, supported the mandate, or had a background in law or medicine is infuriating. But the most infuriating thing is that in 2012, we're actually having congressional hearings about access to birth control.

Picture from the Congressional Hearing. Where are the women?

Occupy the Church: The 98 percent

I've written two posts on why I think the HHS mandate is a huge victory for women's rights, why I believe it in no way violates religious freedom, and why providing a broad religious exemption is caving to extremism.

Yesterday, Kathleen Sebelius, secretary of the US Department of Health and Human Services, published an op-ed in USA Today, affirming that the mandate is necessary and that it respects religion. In the piece, which was obviously a response to outcry from certain religious groups, she talks about how the mandate has no effect on the conscience clause protections for medical providers and that the mandate does not cover abortifacients, as some religious groups have falsely been claiming. She also brings attention to the fact that 28 states, including California and New York, already require contraception to be covered by insurance. Eight of these states have no religious exemption whatsoever. The religious exemption adopted by the federal government, one that provides exemptions for places of worship and religiously-affiliated organizations that can prove that the majority of their employees are of the same faith, is the same as the policy already in place in California, Oregon, and New York. I was actually quite surprised to learn this, given that the Archbishop of New York has been incredibly vocal about the fact that he opposes the federal legislation. But if what Sebelius says is true (and I'm going to assume it is) then nothing will even change for Catholic institutions in the state of NY. So why is he so upset and why does he feel like the federal legislation is an additional assault on his religious liberty? And why does he feel like his religious beliefs should trump the rights of the women who are the life blood of the Catholic schools, hospitals, and even churches in New York?

 I'm reminded of a conversation I had recently with a friend, B, who is Catholic, has an M.A. in Theology, and teaches theology at a very conservative Catholic school. Her insurance provides coverage of contraception, even though she works for an uber-Catholic school. She is appalled by the US Conference of Catholic Bishops' outrage over the mandate and angry that they are monopolizing the conversation on how Catholics feel about coverage of contraception. In addition to the fact that most women will use contraception, she pointed out that there are already very many Catholic institutions that do provide coverage of contraception. These institutions obviously do so without feeling that they are somehow terrible Catholics or violating any religious dogma, but even they are silenced by the USCCB.

I think B raises an important issue about questioning who the USCCB speaks for and even who we think of when we think of the Catholic Church. She's also left me thinking quite a bit about how women and men within the Catholic Church who do not follow the USCCB's extremist and minority opinion can make their voices heard. How do these women, the 98 percent if you will, make it clear that they are the majority? Is there a way to change that power dynamic if they stay within the Church?

I feel like I'm inundated with anti-choice, or "pro-life," ideology day in and day out. And it is exhausting because it is an attack on ME and my rights. It's not just political, it is personal. But over the past week, watching the whole Komen/Planned Parenthood saga unfold, I've been inspired by how many women and men stood up for reproductive rights. They made their voices heard and the consequences are enormous, not only in that they forced Komen to re-fund Planned Parenthood and provide life-saving cancer screenings, but by showing that the majority of Americans believe in women's rights and reproductive rights; that they care about women's health. Most women use contraception and, according to a recent Gallup poll, 77% of Americans believe that abortion should be legal. Can we keep the momentum from the Komen situation going and change the conversation on reproductive rights once and for all? Can Catholic women change the conversation about what the Church believes? If they expressed their outrage over restricting access to contraception, could they make the USCCB back down, shut up, or even change their position, as Komen did? Can the 98 percent Occupy the Catholic Church?

Women's Health and Religous Freedom

Yesterday, the U.S. Department of Health and Human Services declared that health insurance plans must cover preventative services for women, including birth control. The goal is that all women, regardless of their faith or where they work or go to school, should have access to birth control if they so choose to use it- without having their access restricted by expensive co-pays or an insurance plan that does not cover contraception.

The move was strongly opposed by the U.S. Conference of Catholic Bishops, who wanted the law to allow for a religious exemption. Obama took their concerns seriously (too seriously, in my opinion), and a meeting with the U.S.C.C.B. sparked outrage and protest from many concerned about religious encroachment on women's health.

But yesterday we learned that Obama didn't pander to religious groups, who want to hide behind religion and religious exemptions to strip women of their rights and endanger their health. Or at least, he didn't totally pander to them. The ruling still includes a religious exemption that allows religious institutions, like churches, and small religious-based nonprofits that can prove that the majority of their employees are people of the same faith, to not provide insurance that covers contraception.

Unfortunately, some people of faith are absolutely outraged by the decision, calling it a "disaster" and saying that Obama is marginalizing people of faith and pandering to the far-left's sexual politics. Even the pope is involved, issuing an address to the bishops of the United States in which he says:

It is imperative that the entire Catholic community in the United States come to realize the grave threats to the Church’s public moral witness presented by a radical secularism which finds increasing expression in the political and cultural spheres... Here once more we see the need for an engaged, articulate and well-formed Catholic laity endowed with a strong critical sense vis-à-vis the dominant culture and with the courage to counter a reductive secularism which would delegitimize the Church’s participation in public debate about the issues which are determining the future of American society. The preparation of committed lay leaders and the presentation of a convincing articulation of the Christian vision of man and society remain a primary task of the Church in your country; as essential components of the new evangelization, these concerns must shape the vision and goals of catechetical programs at every level. In this regard, I would mention with appreciation your efforts to maintain contacts with Catholics involved in political life and to help them understand their personal responsibility to offer public witness to their faith, especially with regard to the great moral issues of our time: respect for God’s gift of life, the protection of human dignity and the promotion of authentic human rights.

There are also lots of comments with a liberals-are-so-quick-to-cry-out-separation-of-church-and-state-so-shouldn't-that-also-apply-to-this-outrage! theme.

Honestly, I think the outrage is ridiculous and demonstrates that many people don't understand exactly what separation of church and state means.

Obama isn't pandering to the far-left's sexual politics, because it isn't just the far-left who think that birth control should be accessible. And it isn't just crazy liberal women who use it. As the statement by the Dept of HHS itself says, "Birth control is the most commonly taken drug by young and middle-aged women." And as we know, 97% of Catholic women will use birth control at some point in their lives. This isn't pandering to some far-left sexual ideology, this is ensuring that women have access to a drug that they clearly want and use, one that is crucial to their health and quality of life.

Secondly, the law isn't forcing anyone to do anything that their faith prohibits. It isn't saying that people MUST use contraception. It simply says that if they want it, they need to have access to it. If you are a Catholic woman who strongly opposes contraception at a place where it is now covered by insurance, simply do not ask for a prescription for contraception. The ruling isn't encroaching on your religious freedom to do so.

One of the big concerns over a religious exemption was Catholic universities, where many non-Catholic students attend and many students - both Catholic and non-Catholic alike - are having sex and should be able to do so safely. From what I can tell, universities are one of the few places that will really be affected by the ruling, since churches and many religious non-profits are exempt. I'm sure many people would say something along the lines of, "If you're not Catholic, don't go to a Catholic school!" which is fine and dandy for them to say. However, it doesn't change the fact that by depriving non-Catholics, or Catholics who disagree with the idea that contraception is wrong, access to contraception, they are depriving those people of their rights and their religious freedom. Religious freedom means that you have a right to make a moral decision about your actions and behavior based on your religious beliefs. It does not mean that you have a right to make it impossible for other people to do something that contradicts your religious beliefs.

I suppose a final argument could be made that religious persons are now having to spend their tax money on something that they disagree with. And honestly, I sympathize. I do. Because I have had to pay taxes that largely fund wars I disagree with, prison systems I think are inhumane, a justice system that uses the death penalty, and programs I think are inefficient and ridiculous (hello, abstinence only sex-ed!). But the bottom line is that despite my objections, I had to pay them. Because while I can vote and advocate to change the system, I can't opt out of the system. Catholics, in in particular, should be well aware of the fact that that is how it works, because the last time I checked the Church also disagreed with the recent wars, our inhumane prison system, and the death penalty. Where is your outrage over your tax money being used for these things? Why do I only hear the "tax money" argument brought up around reproductive rights?

I think one of the reasons this ruling has been so difficult for certain religious groups is that it highlights an increasingly divergent understanding of religious freedom. To many religious groups, religious freedom means that no one in the U.S. should have a right to do something they find morally wrong; no one should have access to abortion, no gay couple should be allowed to get married, no one should be able to conduct stem cell research. Yet, as stated previously, that means they are depriving others of their right to religious freedom, to make decisions based on their own construction of morality.

That isn't religious freedom, that is religious tyranny.

Are You Going to Lose Access to Birth Control?

The U.S. Conference of Catholic Bishops is campaigning against no cost birth control. And Obama might actually give in to their demands. If the administration doesn't, nearly one million people who work at Catholic hospitals and approximately two million people who attend or work at Catholic-affiliated colleges will lose contraceptive coverage they already have.

Why does this matter to you if you don't work or attend school at a Catholic institution? Well, I for one am very, very uncomfortable with seeing a President cave to the extremist demands of a bunch of old men instead of standing with women and supporting basic human rights (remember this recently released UN report?). Furthermore, religious extremists, including the USCCB, have made it clear that the war against women doesn't just mean restricting access to abortion, but restricting access to things like birth control as well. I know lots of "good Catholic women" who are anti-abortion but use birth control and/or support access to birth control (97% of Catholic women will use birth control at some point in their lives). Well guess what?! If you think that religious extremists are going to stop at restricting access to abortion and leave you and your birth control alone, you are wrong.

That is because, as I've long suspected, the anti-abortion argument isn't solely about the "right to life" or the rights of fetuses. It is also about women having children - lots of them. If these people really cared about reducing the number of abortions, they would make sure that birth control was readily available. But they don't! Because they view women as baby making machines and think it is a travesty when they care about other things, such as their career or their own health. Religious groups that fight to end access to abortion also have a gender ideology that says women are inherently different than men and belong in the home raising children. That gender ideology isn't distinct from the anti-abortion fight, it is intrinsically related to it.

All women and men should recognize that the "pro-life" movement isn't really pro-life, it is anti-woman and extremist. And the USCCB's attempt to eliminate access to birth control proves it.

Take action! Tweet @Whitehouse and @BarackObama to resist the USCCB's demands. Use the hashtag #bcrefusal. You can also sign NARAL Pro-Choice America's petition.