The discussion about the birth control pill fiasco has boggled my mind. I’ll explain the title toward the end, but let me start with my bogglement. There are whole swathes of blogland who feel that so long as the pills are available, it’s all good. They don’t see a problem with the fact that, as Charles Pierce puts it:
The Church has claimed — and the president has tacitly accepted — the right to deny even its employees of other faiths the health-care services of which it doesn’t approve on strictly doctrinal grounds. That is not an issue of “religious liberty.” That’s the enshrinement of religious thuggery in the secular law.
That’s also a remarkable departure in a country founded on the separation of church and state, a country where as recently as twenty years ago even the most conservative of Supreme Court justices asserted that religious practices cannot conflict with the law of the land. Dakinikat quoted a few days ago:
The free exercise [of religion] clause and its meaning is well established. There is very little ambiguity about what it is and what it is not.
“In 1878, the Supreme Court was first called to interpret the extent of the Free Exercise Clause in Reynolds v. United States, as related to the prosecution of polygamy under federal law. The Supreme Court upheld Reynolds’ conviction for bigamy, deciding that to do otherwise would provide constitutional protection for a gamut of religious beliefs, including those as extreme as human sacrifice.”(1)
The Court stated that “Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices.”
Or, as the Reclusive Leftist says:
“[I]n 2000, the EEOC ruled that employers who failed to include birth control coverage in their prescription healthcare plans were in violation of the 1964 Civil Rights Act. That’s because the Civil Rights Act forbids discrimination on the basis of sex. The EEOC allowed no exceptions for religious institutions.
What the Obama Administration has done now is to basically reverse that. They’ve said, “You know what? Never mind. That clause in the Civil Rights Act about discrimination on the basis of sex? Forget it.”
So, yes, the pills will still be there for women who need them. But not because the government says women have the same right as everybody else to make their own decisions about their own health care.
The pills are still there, but not because you have a right to them. It’s because nobody has taken them away yet.
Losing your rights is not a win. Getting birth control pills by the grace of Obama is not a win. Unless you mean a win for him. Now this is something that’s his to bestow … or for those bogeyman Republicans to take away. Or, given Obama’s past actions in non-election years, his to bargain away.
That is why rights are important. Having rights means people who violate them can be held accountable. Receiving dispensations means constantly asking (begging?) for what you need, and tough luck when you don’t get it.
We’ve seen that movie play out in abortion rights. Riverdaughter summarizes:
The same thing happened with abortion. It was merely a few workarounds, a few inconveniences. If you really need an abortion, it will still be there for you. You just need to assuage the consciences of a few religious people. That’s how it started. But how has it ended? In some states, there is only a single provider and women have to risk losing their jobs to get an abortion. It’s no longer just a few workarounds. Now, it’s a major ordeal.
And that progression happened because for too many people it wasn’t about the right to decide your own medical procedures. So long as they still had some kind of escape from forced pregnancy, it was just too difficult to argue about rights. The result is that here we are. Too many people are just glad they can still get birth control pills. Arguing about rights is divisive, difficult, aids and abets Republicans (see above, re “bogeyman”), and time-consuming. And it’s physically nauseating to realize that you’re not a human being in other people’s, including the President’s, mind.
Because the subhuman status of women is an unavoidable consequence of not acknowledging their right to make their own medical decisions. It’s a logical consequence of putting a religion, any belief, ahead of the civil rights of citizens, any citizens.
I’ll go through the steps. There aren’t many. Read more »
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