contraception

Swanson: Wombs of Women on Birth Control 'Embedded' with 'Dead Babies'

Well, here’s some medical research we hadn’t heard about. Generations Radio host Kevin Swanson, who last week delved memorably into feminist theory, tells us this week that “certain doctors and certain scientists” have researched the wombs of women on the pill and found “there are these little tiny fetuses, these little babies, that are embedded into the womb…Those wombs of women who have been on the birth control pill effectively have become graveyards for lots and lots of little babies.”

Swanson must be speaking with the same doctors as former Rep. Todd Akin. Even Kevin Peeples, whom Swanson is interviewing about his anti-contraception documentary Birth Control: How Did We Get Here?, isn’t quite sold on the evidence.

Swanson: I’m beginning to get some evidence from certain doctors and certain scientists that have done research on women’s wombs after they’ve gone through the surgery, and they’ve compared the wombs of women who were on the birth control pill to those who were not on the birth control pill. And they have found that with women who are on the birth control pill, there are these little tiny fetuses, these little babies, that are embedded into the womb. They’re just like dead babies. They’re on the inside of the womb. And these wombs of women who have been on the birth control pill effectively have become graveyards for lots and lots of little babies.

Peeples: We’ve actually heard on both sides of that. We’re researching that and want to make sure we speak correctly to that in our second film. But we have medical advice on both sides of the table there, so we want to make sure that we communicate that properly.

Swanson: It would seem, and I realize that people are a little split on what are all the effects of the birth control pill, but it would seem that there’s a tremendous risk in the use of it for the life of children.

Earlier in the interview, Peeples and Swanson discuss how birth control came to be widely used and accepted by many churches. Women, Peeples laments, “desire the men’s role” and are now missing out on “the role God put them in that he laid out in Genesis.” Before World War II, Peeples claims, “abortion, sterilization, eugenics and birth control were all tied together” until “Hitler took the fall for taking it very aggressively and dramatically.”

Peeples: It starts with men and women fighting and not being happy with the role that God put them in that he laid out in Genesis. So whenever you seek to desire, when women seek to desire the men’s role, they lose the part and the idea of what children does, not just for the kingdom and not just does with their family, but does for their gender role.

Swanson: Are you saying that the population control stuff, egalitarian feminism, birth control, abortion, they’re all sort of interrelated?

Peeples: Yeah, it wasn’t until after World War II that they begin to separate them. Abortion, sterilization, eugenics and birth control were all tied together, they were all kind of a package for eugenics and population control. Hitler took the fall for taking it very aggressively and dramatically, and so they said, ‘Hey, let’s kind of take this back, let’s get rid of the negative things and let’s play on Christian liberty, let’s play on freedom, let’s play on people kind of taking this upon themselves to control population rather than forcing it on them. So, again, it’s just another effect of not researching our history to know what happened in the world alongside of the Church.

Concerns that Citizens United May Impact Your Access to Birth Control

What does Citizens United have to do with women’s health care?  According to a decision last week from the Seventh Circuit Court of Appeals, perhaps more than you may think.

Just a week after the Tenth Circuit Court of Appeals rejected Hobby Lobby’s petition to prevent enforcement of the Affordable Care Act’s contraception coverage provision, the Seventh Circuit Court of Appeals made a ruling at odds with that decision.  Last Friday the panel granted a motion for an injunction pending appeal to plaintiffs Cyril and Jane Korte who run Korte & Luitjohan Contractors, a construction company.  The Kortes had argued that the contraception mandate of the ACA violated their right to religious freedom. 

In other words, the Seventh Circuit Court of Appeals decided that – at least temporarily – the company does not have to comply with the Obama Administration’s rules that most employer-provided health care plans must cover birth control.

ThinkProgress’s Ian Millhiser points out that the Appeals Court cited Citizens United in their reasoning, a move that he finds “ominous.” Millhiser highlights a line from the decision – “That the Kortes operate their business in the corporate form is not dispositive of their claim. See generally Citizens United v. Fed. Election Comm’n, 130 S. Ct. 876 (2010)” – before arguing that:

As a matter of current law, this decision is wrong. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” Lee established — with no justice in dissent — that religious liberty does not allow an employer to “impose the employer’s religious faith on the employees,” such as by forcing employees to give up their own rights because of the employer’s objections to birth control.

Nevertheless, the Seventh Circuit’s citation to Citizens United is an ominous sign. Lee was decided at a time when the Court understood that corporations should not be allowed to buy and sell elections. That time has passed, and the precedents protecting against corporate election-buying were overruled in Citizens United. It is not difficult to imagine the same five justices who tossed out longstanding precedent in Citizens United doing the same in a case involving whether employers can impose their religious beliefs on their employees.


Circuit Judge Ilana Diamond Rovner also raised issues with the decision.  In her dissent, she addressed the corporation issue head-on.  She noted that:


...it is the corporation rather than the Kortes individually which will pay for the insurance coverage. The corporate form may not be dispositive of the claims raised in this litigation, but neither is it meaningless: it does separate the Kortes, in some real measure, from the actions of their company.


Similarly, our affiliate People For the American Way Foundation’s Paul Gordon noted last month in reference to the Hobby Lobby decision that the question of where to draw the line in terms of government regulation of religious institutions and individuals is a tricky one.  Still, he pointed out:


The requirement to provide certain health insurance for your employees – not for yourself, but for people you hire in a business you place in the public stream of commerce – seems a reasonable one.

 

PFAW

Circuit Court Rejects Attack on Contraception Coverage

The 10th Circuit rejects the argument that an employer's religious liberty is substantially burdened by the contraception coverage requirement.
PFAW Foundation

'Religious Freedom' Rallies Barely Conceal Anti-Obama Activism

Opponents of contraception access this weekend held “religious freedom” demonstrations across the country to protest the Obama administration’s new rules ensuring contraception coverage in health insurance plans. In one of the rallies last month in Washington D.C. in front of the White House, speakers including Frank Pavone of Priests for Life, Patrick Mahoney of the Christian Defense Coalition and Lila Rose of Live Action denounced the Obama administration for their purportedly “tyrannical” insurance mandate.

The keynote speakers at the White House rally was none other than Father Marcel Guarnizo, whose claim to fame is denying a lesbian parishioner communion at her mother’s funeral and refused to attend the burial ceremony. Fr. Guarnizo said that pro-choice and pro-gay equality politicians are “unfit to rule” and are “not worthy of a democratic vote.” He went on to maintain that American democracy is on the brink of collapse and told attendees to “vote this man out of office in November.”

He also had harsh words for Health and Human Services Sec. Kathleen Sebelius and Maryland Gov. Martin O’Malley, who championed his state’s marriage equality law, claiming that they are more than unfaithful Catholic “lost sheep” but “wolves who are plotting and working specifically against the common good and the Church.” “Those people need to be castigated publicly by the shepherds of the church,” Guarnizo said.

Also appearing was American Family Association spokesman Bryan Fischer, who warned that legal abortion and gay rights is provoking God’s “judgment and wrath” on America. 

Leading Anti-Choice Activist says Romney 'Did The Same Thing' as Obama on Contraception

Personhood USA president Keith Mason spoke to Janet Mefferd on Monday to cast doubt on Romney’s record on reproductive rights and stem-cell research, addressing Romney’s consistency, or lack thereof, on abortion rights and stem-cell research, role in health care reform in Massachusetts, and views on mandating hospitals to distribute emergency contraceptive pills. “At the end of the day, I don’t believe he is pro-life,” Mason said, arguing that Romney’s move on contraception coverage was no different from the Obama administration’s stance:

Mefferd: When you look at his record back in Massachusetts, he talks about a pro-life conversion but it is very confusing I think for a lot of pro-lifers to look at what he did in Massachusetts and feel totally comfortable with where he actually stands versus what he says. Where do you come down on his pro-life record in Massachusetts and where he stands now?

Mason: At the end of the day, I don’t believe he is pro-life. I guess I could be blunt; I could go through a list. We have RomneyCare as a starter, in Romney Care he used his veto powers in eight different ways but he didn’t use those veto powers to veto the $50 co-pay abortions that are within RomneyCare. Then after that even in 2004 we have a bill that he says he had a pro-life conversion so he vetoed a bill against embryonic stem-cell research and then he signed a bill later allowing for stem-cell research by embryos leftover from IVF clinics. That’s not that convincing to me either.

As far as the morning after pill goes, we have a bill that he vetoed, which is part of his pro-life conversion, he used it sort of for his credentials, for expanded access to the morning after pill. But then just three months later he signed a bill that even expanded it even farther than that, than it was being implemented at the time. Then even against his legal team’s advice he signed an executive order mandating that Catholic hospitals distribute the morning-after pill. With all these rallies, which I’ll participated on the 8th with religious freedom sort of to send the message to the Obama administration to not trample on that, the guy that we’re supposed to rally around sort of did the same thing.

As William Saletan points out in a Slate article documenting Romney’s constantly changing story about his “conversion” on the abortion issue, Romney claims to have stopped supporting abortion rights after he was troubled by a meeting regarding the ethics of embryo research, but after coming out against reproductive choice he continued to favor research on surplus IVF embryos. And despite Romney’s assertion that “every time as governor” he “came down on the side of life,” he said in a 2005 interview (after his supposed change of views) that he would veto any bill about abortion, “whether it’s pro-life or pro-choice.”

The Massachusetts-based Catholic Action League criticized Romney for enforcing his private counsel’s opinion mandating that Catholic hospitals distribute emergency contraceptive pills, claiming, “The injury to the conscience rights of Catholic hospitals was not done so much so much by the church’s ideological enemies on the Left but by the Romney administration.” Later, Romney said he personally supported his counsel’s view. During the presidential campaign, however, Romney described the Obama administration’s opposition to exempting health workers from distributing contraceptives as part of “an assault on religion unlike anything we have seen.”

 

The War on Women

How the War on Women Became Mainstream: Turning Back the Clock in Tea Party America

PFAW's Peter Montgomery: Republicans Using 'Religious Liberty' to Attack Obama, Women's Health

Attacking President Obama for his supposed “hostility” to religious liberty is the tactic du jour for congressional Republicans, according to a new piece in the Huffington Post by PFAW Senior Fellow Peter Montgomery.

After a widely-mocked hearing before the House Oversight Committee on contraceptive coverage, conservatives testifying before the Judiciary Committee continued to claim that the Obama Administration’s compromise on contraceptive coverage is not sufficient – and even if were, the Administration couldn’t be trusted to actually carry it out.

But many of their arguments relied on narrow definitions of the beginning of life that are at odds with medical standards and even with the rest of the religious community:

The arguments from Republican members and their witnesses boiled down to three main claims: the regulations requiring contraception coverage are unconstitutional burdens on religious organizations; the compromise to prevent religious organizations from having to pay for contraceptive coverage is only "an accounting gimmick" that does not resolve any of the moral or religious liberty issues; and the Obama administration has proven itself hostile to religious liberty and cannot be trusted to follow through on its promised accommodation.

...

Several Democratic members pointedly noted that Lori was not speaking for all Catholic leaders, placing into the record positive statements about the proposed compromise from the Catholic Health Association, the Association of Jesuit Colleges and Universities, and other Catholic groups. Meanwhile, outside the hearing, other Catholic voices challenged the credibility of the bishops' religious liberty alarmism.

Others cited fallacious examples to attempt to bolster their claim of lacking religious accomodation.

Also on hand: more nonsensical analogies to join Bishop Lori's previous testimony that the regulations were akin to forcing a Jewish deli to serve pork. Committee Chair Lamar Smith asked whether the government could force people to drink red wine for its health benefits. (As Rep. Zoe Lofgren noted, no one is being forced to use birth control.) Religious Right favorite Rep. Steve King lamented that in the past Christians had "submitted" to Supreme Court decision on prayer in schools and the Griswold decision and the right to privacy "manufactured" by the Supreme Court.

The piece goes on to discuss how religious liberty does require some accommodation of religious beliefs, and striking an appropriate balance is a delicate task. But whatever the outcome, Montgomery notes, the courts will evaluate the regulation of competing interests, and “religious liberty in America will survive.” You can read the entire article here.

PFAW

Senate Rejects Blunt Amendment, Romney Disappointed?

In a 51-48 vote today, the Senate rejected an amendment to the transportation bill by Missouri Sen. Roy Blunt that would have allowed employers to deny their employees health insurance coverage for any treatment for any reason.

“The Blunt amendment was not only astoundingly bad public policy, it represented a fundamental misreading of the First Amendment. If it became law, it would have put working Americans – regardless of their religious beliefs – at the mercy of the religious beliefs of their employers. That’s not religious liberty – in fact, it’s exactly the opposite,” said PFAW president Michael Keegan in a statement released earlier today.

The extremity of this amendment wasn’t lost on every member of the GOP. Senator Olympia Snowe (R-ME) voted against the amendment, and even major presidential contender Mitt Romney opposed the bill:

“I’m not for the bill, but look, the idea of presidential candidates getting into questions about contraception within a relationship between a man and a woman, husband and wife, I’m not going there.”

But of course, after remembering that perpetuating the War on Women is one of the GOP’s primary tactics this year, he reversed course in record time:

“Of course I support the Blunt amendment. I thought he was talking about some state law that prevented people from getting contraception so I was simply — misunderstood the question and of course I support the Blunt amendment.”

The American people, and in particular the 20 million American Women whose reproductive health coverage would have been jeopardized by the Blunt Amendment, are quickly losing patience for the type of brazen politicking that puts pandering to the extreme right-wing over the legitimate needs of the country.

PFAW

In a Victory For Women’s Health, Senate Rejects Extreme Blunt Amendment

In a 51-48 vote today, the Senate rejected an amendment to the transportation bill by Missouri Sen. Roy Blunt that would have allowed employers to deny their employees health insurance coverage for any treatment for any reason.

Michael Keegan, President of People For the American Way issued the following statement:

“The Blunt amendment was not only astoundingly bad public policy, it represented a fundamental misreading of the First Amendment. If it became law, it would have put working Americans – regardless of their religious beliefs – at the mercy of the religious beliefs of their employers. That’s not religious liberty – in fact, it’s exactly the opposite.

“Sen. Blunt’s plan would have caused chaos in our health care system by allowing each employer to decide which medications and procedures will be available to their employees. If this plan were to become law, no American who secures a job could be confident that that job would come with full health care benefits.

“The Blunt amendment was a desperate attempt by the GOP to appeal to a narrow and extreme base at the expense of the well-being of all Americans. Every senator who voted for this amendment can be assured that voters will notice and take note of their priorities.”

 

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PFAW: Romney Needs to Make Up His Mind About Birth Control

Yesterday afternoon, presidential candidate Mitt Romney told a reporter that he would not support the Senate’s Blunt amendment, which would endanger access to reproductive care for as many as 20 million American women, saying, “Look, the idea of presidential candidates getting into questions about contraception within a relationship between a man and a woman, husband and wife, I’m not going there." An hour later, his campaign told reporters that Romney does, in fact, support the Blunt amendment.

“It’s hardly a surprise to get a flip-flop from Mitt Romney, but such a quick turnabout on an issue critical to the lives of millions of women is staggering,” said Michael Keegan, President of People For the American Way.

“Romney is trying to have it both ways: saying he doesn’t want to get in the way of personal decisions about birth control, and then supporting a law that would do just that. The Blunt amendment would set American women back decades – and American women know that. In his lightning-fast flip-flop, Romney has shown once again that he’s more interested in catering to an extreme right-wing base than to the common-sense needs of the people he wants to lead.”
 

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Senate to Vote This Week on Extremist Health Care Amendment

The Senate will reportedly vote this week on the Blunt amendment, an addition to the transportation bill from Missouri Sen. Roy Blunt that would, if it became law, throw the American health care system into chaos.

Blunt’s amendment, part of the right-wing overreaction to President Obama’s mandate that health insurance policies cover contraception, would allow any employer to refuse any employee insurance for any treatment on religious grounds. So not only could any boss refuse his female employees access to birth control, but any employer could refuse coverage for any procedure or medication he or she found morally offensive – including things like blood transfusions, vaccinations, or even treatment from a doctor of the opposite sex.

Not only would the Blunt amendment mean that comprehensive health insurance wouldn’t necessarily provide comprehensive health insurance – it would throw the country’s health care system into chaos, as each employer and each insurer carved out their own sets of rules.

The plan is bad public policy and antithetical to religious freedom, but it will probably get the votes of most Republican senators. In fact, the basic idea behind the plan is something that’s already been embraced by Mitt Romney and Rick Santorum.

A large majority of Americans think that insurance policies should be required to cover basic reproductive care – including contraception – for women. The Blunt amendment would not only deny that care to women, it would go even further in denying health care to all American workers for any number of reasons totally beyond their control.

This is straight-up extremism: and American voters know that.
 

UPDATE: The Democratic Policy and Communications Center estimates that the Blunt amendment could put preventative care for 20 million women at risk.

PFAW

Kuhner Claims Obama is 'Our Lenin'; Mefferd Afraid He’s More Like Stalin

Right-wing columnist Jeffrey Kuhner visited the Janet Mefferd show earlier this week to discuss a recent column he wrote for the Washington Times, positing that “Obama is America’s Lenin.” In the column, Kuhner attacks the Obama administration’s recent birth control regulations, claiming that "like many secular leftists, [Obama] seeks to destroy Judeo-Christian civilization,” that he is “in the pocket of the pro-abortion feminist lobby,” and that “Mr. Obama is our first non-Christian president.”

Kuhner went into more detail in his interview with Mefferd, saying “I never thought I would see the day in America, that I would see the ugly specter of Leninism, the ugly specter of Marxism” and claiming that while the president is not a practicing Muslim he is “clearly a cultural Muslim.”

Mefferd not only agreed with Kuhner’s analysis, she was willing to go even farther, warning, “We know what Stalin ended up doing to millions and millions of people who would not bow the knee to him.”


Kuhner: This is a violation of the First Amendment. This is a violation of separation of church and state. This is a blatant war on Christianity. It is a war on our conscience rights. It is a war on our basic human freedoms. And I never thought I would see the day in America, that I would see the ugly specter of Leninism, the ugly specter of Marxism, where you now have state coercion of religion, where you have a blatant, flagrant attempt to purge Christianity from the public square, being so openly and blatantly embraced by the president of the United States.

Janet, if this mandate goes through, if Obamacare is not repealed, I believe it will break the back of our constitutional republic, I believe it will be the end of the First Amendment as we’ve known it, and I believe we are on a path towards radical, secular liberalism, which in many ways is just a form of cultural Marxism.

Obama is our Lenin. He is embarking on a cultural, social, political transformation of this nation, and that is why Christians of all denominations, of all faiths, must stand up and vote this man out of office in November.

 Kuhner: So I believe he is somebody who’s the product of the multicultural, neo-Marxist left. He despises Christianity. He despises our biblical principles. He despises the civilizational roots of American society. And he’s also, I believe –and there’s no getting around this – not that he’s a practicing Muslim or a believing Muslim, but he’s clearly a cultural Muslim.

...

And Janet, I have to say this, many people don’t understand this aspect of communism. Communism never sought to completely eradicate religion. Even they knew that was impossible. What they said was this: ‘We don’t want it in public. If you want to worship, that’s fine, do it in your own home, do it in your own head, do it in your own bedroom. But don’t take your faith outside the home, it doesn’t belong here.’

Mefferd: Well, I tell you, that sounds awfully familiar, and we know what Stalin ended up doing to millions and millions of people who would not bow the knee to him.
 

Issa Stacks Hearing to Attack Contraception Compromise

Rep. Darrell Issa, who has followed through on his threat to turn his Committee on Oversight and Government Reform into an attack dog on the Obama administration, today held a one-sided hearing attacking as a threat to religious liberty the administration’s recent compromise on health care regulations requiring insurers to cover contraception.

Not present at the hearing was a representative of the Catholic Health Association, which has embraced the administration’s compromise. When asked about the CHA’s position, Bishop William Lori, head of the Catholic bishops’ new “religious liberty” task force, said archly that the CHA doesn’t speak for the church as a whole – the bishops do. But polls show that the bishops actually speak for a small minority of American Catholics on these issues.
 
Issa – who had no concerns about separation of church and state when he was pushing for federal funding for religious school vouchers in the District of Columbia – labeled his stacked hearing “Lines Crossed: Separation of Church and State. Has the Obama Administration Trampled on Freedom of Religion and Freedom of Conscience?” It was striking for some of us who are accustomed to hearing conservative politicians and Religious Right figures denouncing the separation of church and state, and dismissing the letter in which Thomas Jefferson used the phrase, to hear Issa and his colleagues vigorously endorsing the concept – or at least the rhetoric – and invoking Jefferson.
 
Issa and fellow Republicans used the “religious liberty” frame as an excuse to prevent testimony from women affected by the lack of insurance coverage of contraceptives, which also serve as treatment for a variety of medical conditions.  Rep. Rosa DeLauro (one of several Catholic Democrats who attended the heargin) and several members of the Congressional Black Caucus, including ranking member Rep. Elijah Cummings, forcefully raised the issue of women’s health, only to be told that access to health care was not the topic of the hearing. DeLauro drew a distinction between religious organizations as service providers – Catholic hospitals are not required to perform abortions, for example – and as employers. Nothing in the First Amendment, she said, says that religiously affiliated employers aren’t subject to same rules as every other employer. Republicans on the committee embraced the goalpost-moving standard staked out recently by the bishops, which is that not only should religiously affiliated organizations be exempt, but that any business owner should be able to cite religious beliefs as reason not to provide his employees with coverage.
 
The hearing made it clear that the GOP has decided to aggressively pursue their election year strategy of portraying Obama as an enemy of religious liberty.  There was no rhetorical “bridge too far” at this hearing – it was suggested that the Obama administration was a few keystrokes away from completely eliminating religious freedom, and that it was using government coercion to force churches to change their religious doctrine. Even Joseph Stalin was invoked. GOP members of Congress encouraged panelists to portray themselves as willing martyrs to religious liberty – and panelists complied, with some saying they would be willing to go to jail rather than side with government over God. 
 
It’s worth remembering with all the rhetoric about the end of freedom in America that the compromise plan would not require religious groups to provide or pay for coverage: insurance companies would contact employees directly, offer coverage to those who want it, and pick up the tab.
 
Democratic Rep. Gerry Connolly, also Catholic, said he had had concerns with the original rules and believes the compromise addressed religious liberty concerns. He denounced Issa’s hearing as a “sham” and a “shameful exercise.”  He scoffed at the going-to-jail rhetoric and told panelists they were being used, wittingly or not, as part of an anti-Obama political agenda.  

Issa Stacks Hearing to Attack Contraception Compromise

Rep. Darrell Issa, who has followed through on his threat to turn his Committee on Oversight and Government Reform into an attack dog on the Obama administration, today held a one-sided hearing attacking as a threat to religious liberty the administration’s recent compromise on health care regulations requiring insurers to cover contraception.

Not present at the hearing was a representative of the Catholic Health Association, which has embraced the administration’s compromise. When asked about the CHA’s position, Bishop William Lori, head of the Catholic bishops’ new “religious liberty” task force, said archly that the CHA doesn’t speak for the church as a whole – the bishops do. But polls show that the bishops actually speak for a small minority of American Catholics on these issues.
 
Issa – who had no concerns about separation of church and state when he was pushing for federal funding for religious school vouchers in the District of Columbia – labeled his stacked hearing “Lines Crossed: Separation of Church and State. Has the Obama Administration Trampled on Freedom of Religion and Freedom of Conscience?” It was striking for some of us who are accustomed to hearing conservative politicians and Religious Right figures denouncing the separation of church and state, and dismissing the letter in which Thomas Jefferson used the phrase, to hear Issa and his colleagues vigorously endorsing the concept – or at least the rhetoric – and invoking Jefferson.
 
Issa and fellow Republicans used the “religious liberty” frame as an excuse to prevent testimony from women affected by the lack of insurance coverage of contraceptives, which also serve as treatment for a variety of medical conditions.  Rep. Rosa DeLauro (one of several Catholic Democrats who attended the heargin) and several members of the Congressional Black Caucus, including ranking member Rep. Elijah Cummings, forcefully raised the issue of women’s health, only to be told that access to health care was not the topic of the hearing. DeLauro drew a distinction between religious organizations as service providers – Catholic hospitals are not required to perform abortions, for example – and as employers. Nothing in the First Amendment, she said, says that religiously affiliated employers aren’t subject to same rules as every other employer. Republicans on the committee embraced the goalpost-moving standard staked out recently by the bishops, which is that not only should religiously affiliated organizations be exempt, but that any business owner should be able to cite religious beliefs as reason not to provide his employees with coverage.
 
The hearing made it clear that the GOP has decided to aggressively pursue their election year strategy of portraying Obama as an enemy of religious liberty.  There was no rhetorical “bridge too far” at this hearing – it was suggested that the Obama administration was a few keystrokes away from completely eliminating religious freedom, and that it was using government coercion to force churches to change their religious doctrine. Even Joseph Stalin was invoked. GOP members of Congress encouraged panelists to portray themselves as willing martyrs to religious liberty – and panelists complied, with some saying they would be willing to go to jail rather than side with government over God. 
 
It’s worth remembering with all the rhetoric about the end of freedom in America that the compromise plan would not require religious groups to provide or pay for coverage: insurance companies would contact employees directly, offer coverage to those who want it, and pick up the tab.
 
Democratic Rep. Gerry Connolly, also Catholic, said he had had concerns with the original rules and believes the compromise addressed religious liberty concerns. He denounced Issa’s hearing as a “sham” and a “shameful exercise.”  He scoffed at the going-to-jail rhetoric and told panelists they were being used, wittingly or not, as part of an anti-Obama political agenda.  

Falsely Waving the Flag of Religious Liberty

To no one's surprise, the United States Conference of Catholic Bishops has rejected President Obama's compromise that respects both the rights of women to contraception and the religious liberty of employers who are affiliated with religious organizations opposed to birth control. Under the compromise, church-affiliated organizations will not be paying for contraception, and insurance carriers will bear the cost of providing it to women without a co-pay or deductible. The Catholic Health Association and Catholic Charities quickly announced that their concerns had been addressed, and that their religious liberty would not be impaired by the modified rules. Some Republicans such as Sens. Susan Collins and Olympia Snowe are similarly satisfied.

Yet the Conference of Catholic Bishops, as well as Republican congressional leaders and presidential candidates, are declaring that the compromise is part of a larger war against religious liberty. Senate Republicans are even suggesting that the birth control coverage requirement threatens the religious liberty of employers completely unconnected to religious organizations. But since these forces have so often similarly and wrongly categorized many government policies they disagree with, it is hard to take the claim seriously.

Religious liberty is one of the core protections of the United States Constitution, one whose importance cannot be overstated. And there are times when it may be proper to allow certain religious-based exemptions from generally applicable laws, such as conscientious objector status in a military context. But those are the exceptions, not the rule: We generally do not give people the right to be exempt from laws they disapprove of simply because their disapproval is religiously based.

In the current debate over health insurance, the Conference of Catholic Bishops and its partners use the language of universal religious liberty. But their February 10 news release explaining why they oppose the coverage requirement makes clear that they are making this claim only for the religious liberty of people who share their specific religious beliefs about contraception and abortion:

First, we objected to the rule forcing private health plans — nationwide, by the stroke of a bureaucrat's pen—to cover sterilization and contraception, including drugs that may cause abortion. ...

Second, we explained that the mandate would impose a burden of unprecedented reach and severity on the consciences of those who consider such "services" immoral: insurers forced to write policies including this coverage; employers and schools forced to sponsor and subsidize the coverage; and individual employees and students forced to pay premiums for the coverage. We therefore urged HHS, if it insisted on keeping the mandate, to provide a conscience exemption for all of these stakeholders—not just the extremely small subset of "religious employers" that HHS proposed to exempt initially.

Their statement was notably silent about conscience protections for other religious beliefs. They have not been talking about the right of employers from denominations that generally reject modern medical intervention to not provide their employees health insurance at all. Matthew Yglesias asked in a blog post this week if they would rush to the defense of an employer named Abdul Hussain who refused on religious reasons to offer employees health insurance that lets employees visit doctors of the opposite sex. If you really thought the principle of religious liberty was at stake, would you be satisfied with a fix that addresses only your religious beliefs but ignores everyone else's?

Whether it's contraception, marriage equality, or abortion, "religious liberty" has too often been used as a feint to disguise an aggressive demand for special rights. Specifically, the radical right regularly demands exemptions for conservative Christians and those who share their beliefs from laws they don't like.

Even when they promote "conscience" legislation with broad language that seems to be applicable to all religious beliefs, their selectivity in demanding such laws is telling. For instance, the "conscience" provisions in marriage equality legislation are generally expressed in general terms not specific to gays and lesbians' marriages, but those provisions are only inserted into state law when gays and lesbians are finally allowed to marry. Such provisions were being pushed last year in Maryland, for instance, but when the marriage equality bill failed to pass, self-proclaimed religious liberty proponents on the right made no effort to adopt the conscience provisions that would then have only affected opposite-sex married couples. Nor are right-wing groups loudly demanding such religious liberty provisions in states with DOMA-style laws like Texas, Oklahoma, and Utah. In states like these, where marriage rights for same-sex couples are foreclosed, the right is not demanding the type of "conscience" provisions for groups not providing services to married couples that they demand in states where gays can marry. In cases like these, what they claim is a general religious liberty protection is clearly designed to hurt one group and one group only.

Consider the irony of right-wing groups who crusade against what they call "special rights" for LGBT people demanding statutory exemptions solely for their own particular religious beliefs. Can there be a better example of demanding "special rights?"

PFAW
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