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Why Birth Control is Not Shellfish

February 29, 2012, 11:55 am | Posted by Nick Sementelli

Two weeks ago during Rep. Darrell Issa’s hearing on the contraception mandate and religious liberty, Catholic Bishop William Lori made an elaborate analogy in his testimony comparing the mandate to a kosher deli being forced to serve pork to its customers.

As I explained, this was a terrible analogy. Employers providing health insurance are entirely different than restaurants serving customers, and birth control is nothing like pork.

Apparently, the Becket Fund for Religious Liberty’s Asma Uddin didn’t get the message. Responding to a question from Chairman Smith at today’s Judiciary Committee hearing on the same subject, Uddin made the following similarly problematic analogy:


SMITH: What are other examples, what else could the government force religious organizatiosn to provide if this madnate were to remain in effect as is unchanged.

UDDIN: Well, I mean, this mandate has been justified on the basis of the fact that there’s health benefits to providing contraceptives. But the issue of health benefits is not the point. If the government mandated everything that had positive health benefits, it could possibly mandate that everyone drink red wine for heart health even though it violates the religious beliefs of Muslims and Mormons. And it could mandate that everyone eat shellfish even though that violates the religious beliefs of Jews.

Uddin’s comments hearken back to the conservative canard that the Affordable Care Act’s individual coverage mandate would allow the government to force you to eat broccoli.

I don’t know what it is with conservatives and force feeding, but let’s be clear here; no one is going to force anyone to ingest anything, pork, shellfish, birth control pills, you name it. Nor, as Republican committee members fretted about in the hearing, does the government now have the power to force individuals to stop smoking, exercise or make any other personal behavior changes.

The policy question at stake is about setting a minimum requirement of services in commercial health insurance plans — services that are optional for the planholder to use.

Even if Uddin were complaining that the preventive service coverage requirement merely sets a precedent for the government to require that shellfish and wine be included in this list of mandated services in the future, she’d still be off base.

The required free preventive services such as cancer screenings and contraception were recommended by the independent Institute of Medicine (IOM), which reviewed evidence-based scientific and medical research and expert opinion to develop a list of services that fit the guidelines set out by Congress in the Affordable Care Act. So long as the IOM isn’t supplanted by the National Restaurant Association, we don’t have to worry about doctors being forced to write prescriptions for shrimp cocktails.

The IOM’s review was professional, rigorous, comprehensive and open to public comment. To suggest that this process might lead to frivolous inclusions of random foodstuffs demonstrates both a misunderstanding of the system and disrespect for the experts involved.

Exasperated protestations against the unprecedented consolidation of power by a “Big Brother” government intent on taking control of every aspect of Americans’ personal lives may make for exciting campaign speeches, but they have absolutely nothing to do with the policies in question.

One Response to “Why Birth Control is Not Shellfish”

  1. J.T. says:

    Why is it so important to you that people get birth control with Catholic money?