During last week’s House Committee on Oversight and Government hearing on religious freedom, Rep. Rosa DeLauro (D-CT) posed a question to the witnesses about women who take oral contraceptives for purely medical reasons, such as those who need to mitigate their risk for ovarian cancer or blood clots.
Catholic Bishop William Lori responded that “our Catholic law of theology…recognizes that the same drug can be used for different purposes with different effects and our plans reflect that, so we should be given credit for the nuance and the understanding that we have already brought to the table.”
That stands as an interesting contrast to the testimony of Sandra Fluke, the Georgetown University Law School student who was prevented from speaking at last week’s hearing by Committee Chairman Darrell Issa (R-CA) for supposedly being “unqualified.” Given a subsequent opportunity Wednesday at a special hearing convened by the House Democratic Steering and Policy Committee, Fluke relayed stories of her female classmates who have struggled to gain access to the health care that their medical conditions demanded under Georgetown’s insurance guidelines.
One of Fluke’s friends needed birth control bills to prevent ovarian cysts; as a self-identified lesbian, she was clearly not interested in the contraceptive purposes of the pill. However, despite a letter from her doctor detailing her medical needs, she was denied coverage under Georgetown’s plan and unable to afford the high cost of birth control pills on her own. As a result of stopping her treatment, she soon developed a massive cyst on her ovary and underwent invasive surgery to remove it – a surgery which may have compromised her ability to conceive later in life.
This isn’t a small point. 58 percent of women who have used birth control pills report that they use the pill for reasons other than contraception, and 14 percent of women use birth control for purely medical reasons. For these women, access to contraception is not a theoretical debate about religion and politics, it’s a matter of critical health care.
Since, as Bishop Lori clearly articulated, the Catholic Church acknowledges there’s no controversy around providing contraceptive pills for medical needs that fall outside of the usual theological proscription, Catholic employers negotiating religious exemptions ought to do a better job ensuring their policies actually match this principle.
The credit Bishop Lori believes the Church deserves for this “nuance and understanding” should be reserved until these insurance plans actually put it into practice.
CORRECTION: This post originally stated that 95% of women who use birth control pills report that they use it for reasons other than contraception. The actual figure is 58%. 95% represents the number of women who have never had sex who do so. We regret the error.
Irin Carmon has a great piece at Salon this week debunking the conservative myth (most recently perpetuated by Ross Douthat) that contraception access isn’t linked to lower abortion rates. As Carmon points out,
…Even if you believe women have no right to terminate pregnancies in any circumstance, it requires serious, willful ignorance to argue that contraceptive access has nothing to with lowering the U.S.’ unusually high number of unwanted pregnancies, which is what we should really be talking about here.
Nick dealt with this same bogus argument when he interviewed Marjorie Dannenfelser of Susan B. Anthony List last year. Playing loose with the concept of causation, anti-birth control advocates attempt to explain that since contraceptive use and availability have increased in the same period abortion rates have, contraception has clearly “failed” to reduce abortions.
Carmon takes a detailed look at actual scientific studies that prove Douthat and Dannefelser wrong. She also points out that the U.S. has the highest rates of unintended pregnancy in the developed world, and that increasing access to contraception and accurate sex education can make significant strides in helping support women and families:
Spacing out and planning pregnancies (or avoiding them altogether) improves the overall health of women and babies; the federal Institute of Medicine’s own research has indicated that unintended pregnancy is linked “to a wide array of health, social and economic consequences, from delayed prenatal care and poor birth outcomes to maternal depression and family violence to a failure to achieve educational and career goals.” The new contraceptive coverage guidelines could be the single most significant pro-active policy tool to combat those consequences…
Unfortunately, too many on the Religious Right would rather use this issue as a culture-war cudgel than acknowledge the positive impact contraception has on the lives of individual women and families and our society.
Prominent Catholic leaders and a former Member of Congress spoke out this afternoon to affirm their support for the President’s revised regulations on contraception coverage, which uphold religious liberty and protect women’s access to health care services.
“It’s rare that good will and substance win over cheap political tricks, but that’s what we saw last week,”said Tom Perriello, former Democratic Member of Congress and current President of the Center for American Progress Action Fund. “This is a common-ground solution that comes down on the side of working families while still protecting religious freedom.
Speakers on the call challenged the premise of tomorrow’s 9:30 a.m. House Oversight and Government Reform hearing on religious liberty, held by committee chairman Representative Darrell Issa (R-CA) to investigate President Obama’s alleged “war on religion.” Rep. Issa plans to call a number of Catholic and university leaders who oppose the contraception accommodation. Catholic leaders on today’s call made clear that “war” imagery should never be associated with the faith community and that the White House has approached this issue in good faith and worked with diverse leaders to find a solution.
Many of the speakers did not support the initial religious exemption ruling were pleased to see the Obama adminstration engage with Catholic leaders and others to find a solution last week that assuaged religious liberty concerns voiced by a number of religious leaders.
Stephen Schneck, Director of the Institute for Policy Research & Catholic Studies at the Catholic University of America (whose president John Garvey will testify in opposition to the accommodation at tomorrow’s Oversight hearing), said Friday’s announcement of the revision to the regulation “by and large resolved the religious liberty concerns.”
“I am confident this accommodation creates mechanism to establish greater moral distance between Catholic institutions and contraception than we have had before,” said Schneck.
The ongoing controversy now hinges on demands by the United States Conference of Catholic Bishops and politically conservative religious voices for a policy to provide exemptions for any employer who wishes to deny contraception coverage to his or her employees, not just employers connected to religious institutions. The difference of opinion and interpretation is critical to understanding the current state of play with this debate.
“I believe in everything my church teaches,” said Nicholas Cafardi, Dean Emeritus and Professor of Law at Duquesne University. “This is not a question of dogma, it’s a question of how we apply dogma in the real world.”
Other speakers raised the tension within Catholicism with engaging in society and working across faith lines towards shared goals with following and abiding by church teaching.
“Catholics have always thought that we need to balance the good that can be achieved in cooperation, like providing health care to the most vulnerable, with the need to refrain from getting too close to sinful behavior,” said Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology at the University of Notre Dame.
Last week, prominent Catholic leaders (including several speakers on today’s call) released a statement supporting the accommodation, and major Catholic institutions like Catholic Charities USA and the Catholic Health Association also came out in support. The revised contraception regulation allows religious institutions to opt out of providing contraception coverage for employers, and enables employees to instead obtain contraception directly from insurance providers.
“There has been a good will effort to resolve this, and we will continue to stay in dialogue,” said Sr. Anne Curtis with the Institute Leadership Team of the Sisters of Mercy of the Americas.
The Catholic organizations in support represent a broad cross-section of the Catholic community and the biggest providers of social services:
Catholic Health Association, the largest group of nonprofit health providers in the nation with over 600 hospitals and 1,400 long-term care and other health facilities in all 50 states
Catholic Charities USA, the second largest social-service provider in the United States, surpassed only by the federal government
Later this month, the Senate will vote on the Blunt Amendment – legislation that repeals not only the requirement that employers offer health insurance plans that cover contraception without a copay, but also allows employers to refuse to offer coverage of any medical service they object to on moral grounds. It’s completely open-ended. Senate Minority Leader Mitch McConnell said he supports the legislation.
In other words, the folks who warned that “Obamacare” would put a government bureaucrat between you and your doctor have no problem putting Donald Trump in charge of which specific medical treatments his employees may and may not have. Unfortunately, prominent faith leaders are supporting this radical amendment:
Leaving coverage decisions up to each employers’ conscience might create chaos in the marketplace, “but chaos is sometimes the price you pay for freedom,” said Richard Land, the president of the Southern Baptist Convention’s Ethics & Religious Liberty Commission, who is backing the bishops whole-heartedly.
Land’s statement reflects an extremely privileged notion of “freedom.” Arguing that a private employer should be able to impose his moral values on employees to the extent that he controls the specifics of their health care shows a greater concern for the individual preferences of the powerful than for the welfare of everyday people.
Someone with libertarian leanings might say “well, if employees are dissatisfied with their coverage, they are free to get a job elsewhere.” But when jobseekers outnumber job openings 4-to-1 nationwide and almost half of Americans are one economic shock away from poverty, that’s cold comfort.
This isn’t about the consciences of religious institutions, this is about giving every employer – from the most virtuous to the most unscrupulous — power to impose their “morals” on their employees, medical consequences be damned. Given that our society is already rife with examples of business owners abusing their employees, the Blunt Amendment puts families in danger by subjecting their healthcare to the whims of employers who have an economic incentive to make up moral reasons to offer inadequate insurance.
In addition to the leaders mentioned in my previous post about religious groups commending the Obama administration’s common-ground solution on conscience exemptions and contraceptive coverage, numerous prominent faith leaders and theologians released a statement lauding the decision this afternoon. The press release and list of signatories are below and available here:
Today, national faith leaders and organizations are celebrating the White House’s announcement of a common-sense, common-ground solution to religious liberty concerns around contraception coverage that protects women’s access to important preventive health care. The regulation expands religious exemptions within the Affordable Care Act’s mandate that contraceptive services be covered without copayment in health insurance plans, while guaranteeing that employees of religious institutions can obtain family planning and other preventive health services directly from their insurance providers. Below is a statement from Catholic and Protestant leaders celebrating the decision as “major victory for religious liberty and women’s health.”
Today the Obama administration announced an important regulation that will protect the conscience rights of religious organizations and ensure that all women have access to contraception without a co-payment. We applaud the White House for listening carefully to the concerns raised by religious leaders on an issue that has provoked heated and often misinformed debate. This ruling is a major victory for religious liberty and women’s health. President Obama has demonstrated that these core values do not have to be in conflict.
Specifically, this new regulation guarantees that no religiously affiliated institution will have to pay for services that violate its moral beliefs or even refer employees for this coverage. Instead, if a woman’s employer is an objecting university, hospital or other religious institution, her insurer will be required to offer her coverage at no cost. This is a sensible, common-ground solution.
In recent days, sound bites and divisive rhetoric have too often pitted the faith community against sound science and public health. The previous regulations caused an unnecessary conflict between the administration, the Catholic Church and other religious institutions. We are encouraged that the Obama administration has developed a substantive solution that addresses the concerns of the many constituencies involved. We look forward to bringing the same level of passion displayed in this debate to other pressing moral issues that face our nation.
Sister Simone Campbell Executive Director
NETWORK, A National Catholic Social Justice Lobby
Institute Leadership Team of the Sisters of Mercy of the Americas
Terrence W. Tilley Avery Cardinal Dulles, S.J., Professor of Catholic Theology Chair, Theology Department
Rev. Paul Crowley SJ Jesuit Community Professor of Theology
Santa Clara University
Nicholas P. Cafardi Dean Emeritus and Professor of Law
Duquesne University School of Law
Vincent J. Miller Gudorf Chair in Catholic Theology and Culture
University of Dayton
Douglas W Kmiec
United States Amb. (ret)
Professor of Constitutional Law and Caruso Family Chair in Constitutional Law
Kristin Heyer Associate Professor, Religious Studies
Santa Clara University
Gerald J. Beyer Associate Professor of Theology
Saint Joseph’s University
Stephen Schneck Director of the Institute for Policy Research and Catholic Studies
Catholic University of America
Francis Schüssler Fiorenza Stillman Professor of Roman Catholic Theological Studies Harvard Divinity School
John Inglis Chair and Professor of Philosophy
Cross-appointed to Religious Studies
University of Dayton
Bradford E. Hinze Professor of Theology
David DeCosse Director of Campus Ethics Programs
Markkula Center for Applied Ethics
Santa Clara UniversitY
Todd Whitmore Associate Professor of Theology
University of Notre Dame
Sr. Paulette Skiba Professor of Religious Studies
Michael E. Lee Associate Professor of Theology
Tobias Winright Associate Professor of Theological Ethics
Saint Louis University
Richard R. Gaillardetz McCarthy Professor of Catholic Systematic Theology
Christopher Pramuk Assistant Professor of Theology
Rev. Dr. Susan Brooks Thistlethwaite Professor of Theology
Chicago Theological Seminary
The Rev. Canon Peg Chemberlin Immediate Past President
National Council of Churches
Rev. Anne Howard Executive Director
The Beatitudes Society
Rev. M. Linda Jaramillo United Church of Christ
Justice and Witness Ministries
Rev. Richard Cizik President
New Evangelical Partnership for the Common Good
Dr. David Gushee Board Chair and Co-Founder
New Evangelical Partnership for the Common Good
Rev. Alexander Sharp Executive Director
Protestants for the Common Good
Dr. Sharon E. Watkins General Minister and President
Christian Church (Disciples of Christ) in the United States and Canada
Rev. Dr. Ken Brooker Langston Director
Disciples Justice Action Network (DJAN)
Dr. Barbara Williams-Skinner President
Skinner Leadership Institute
Linda Bales Todd Director of Women’s Advocacy
General Board of Church and Society of the United Methodist Church
Jim Winkler General Secretary
General Board of Church and Society of the United Methodist Church
Rev. Randolph Bracy, Jr.
Senior Pastor, New Covenant Baptist Church
Lisa Sharon Harper
Director of Mobilizing