The Supreme Court had us fooled. Just a few weeks after SCOTUS struck down a restrictive abortion law in Louisiana with a 5-4 vote, the justices upheld the Trump administration’s mandate that employers can refuse to let workers use birth control under the Affordable Care Act (ACA) due to religious or moral objections. Only 2 justices, Ruth Bader Ginsburg and Sonya Sotomayor dissented. “between 70,500 and 126,400 women would immediately lose access to no-cost contraceptive services,” Ginsburg stated in her note of dissent, using a governmental estimate. 

The Health Resources and Services Administration – a government agency under the U.S Department of Health and Human Services – ruled that birth control is essential preventative care and that contraceptives would be free and covered under employer’s health insurance without any extra copays in 2012. Exceptions were explicitly made for places of worship, but not for religious controlled schools, hospitals, charities, and any other groups or businesses controlled by religious groups. However, both the Obama and the Trump administrations began to include a wider range of exemptions after pushback from religious groups. 

The U.S. government has always had a tumultuous and inconsistent relationship with birth control legislation since the creation of the ACA in 2010

In the 2014 case landmark case Burwell v. Hobby Lobby Stores, Inc., the Supreme Court justices voted that for-profit organizations were exempt from the ACA’s contraceptive mandate under the Religious Freedom Restoration Act (RFRA), although the RFRA was declared unconstitutional by SCOTUS in 1997 at the state level. 

The U.S. government has always had a tumultuous and inconsistent relationship with birth control legislation since the creation of the ACA in 2010. The inconsistencies in legislation have allowed for the Trump administration to further their attacks on women’s healthcare. The RFRA has already been dubbed unconstitutional for states, so why does the federal government and the Supreme Court continue to allow the RFRA as an excuse to revoke women’s right to healthcare?

In 2017, Trump drafted new rules under an Executive Order that for-profit groups were officially exempt. The State of Pennsylvania, including several other states with their individual contraceptive mandates, challenged the government under the Equal Protection Clause. Despite, this, SCOTUS upheld Trump’s attack on contraceptives in the recent case Little Sisters of the Poor Saint Peters and Paul Home v. Pennsylvania. The Little Sisters of the Poor are a Catholic organization that provides homes for low-income elderly individuals. The nuns who run the organization are against contraception and abortion. Regardless of their religious rights, organizations and businesses should not have a say in what medication their employees are taking. It’s simply not their business. Now that SCOTUS has furthered these dubious exemptions, it will be easier for conservative businesses to regulate their female employees’ access to birth control under “moral” reasons. By revoking access to birth control, bosses are directly harming the lives of women. Contraceptives directly save female lives.

Bosses have no business deciding what happens in their employee’s private life, including what medication they are taking.

Birth control pills have a wide variety of different usages besides preventing pregnancies. Many women are prescribed birth control to regulate their menstrual cycles. Nearly 30% of women on birth control pills take them to make their periods less painful. Combination/multi-hormone pills also can prevent uterine and ovarian cancer. It can help reduce the effects of menstrual migraines, control endometriosis, and regulate PMS and PMDD, a severe form of PMS, symptoms. By upholding Trump’s mandate, many women will no longer have access to the medication that keeps them alive, especially poor women and women of color who cannot afford to pay for birth control out of pocket.

Just recently, SCOTUS also ruled that employers can’t discriminate against LGBTQ+ workers based on religious beliefs. Employers shouldn’t be able to decide the fate of women’s health and lives either.  Birth control shouldn’t be politicized. It’s necessary, preventative healthcare. The companies that are refusing to use company health insurance for contraceptives are silent on Viagra prescriptions. I’m sorry, but if your penis can’t get up, it’s probably “God’s will.” Bosses have no business deciding what happens in their employee’s private life, including what medication they are taking. 

Donald Trump and his administration have been attacking women’s health and the ACA the moment he stepped foot in the White House. He’s not an advocate for religious groups, he’s a tyrant who uses the guise of religious freedom to directly attack poor women of color. With Justice Ginsberg’s seat on the line, women’s health holds a terrifying future if Trump is re-elected. The government should not be pandering to the qualms of religious and conservative run businesses. Women’s healthcare is not a political tool, it’s a human right, and should be treated as such.

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https://thetempest.co/?p=146959
Claire Cheek

By Claire Cheek

Editorial Fellow