women's rights

Women Justices Press Important Questions During Hobby Lobby Arguments

Crowds of activists and advocacy groups gathered outside while the Supreme Court heard oral arguments Tuesday in the Sebelius v. Hobby Lobby Inc. case.

Justices Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg did not shy away from asking difficult questions that demonstrate the broad implications this case could have. Justices Sotomayor and Kagan voiced concerns regarding the implications of a ruling for the first time in our nation’s history that for-profit corporations have religious rights. Both justices questioned whether this decision would allow companies to deny access to coverage of not only contraceptive methods, but also of other lifesaving procedures employers might object to on religious grounds—like blood transfusions or vaccines.

The Huffington Post quotes Justice Kagan as saying, “There are quite a number of medical treatments that could be religiously objected to… Everything would be piecemeal, nothing would be uniform.”

Pushing the issue further, Justice Sotomayor asked, “How are courts supposed to know whether a corporation holds a particular religious belief?”

Similarly, Justice Ruth Bader Ginsburg stated that the Religious Freedom Restoration Act

was a law that was passed overwhelmingly [by] both houses of Congress. People from all sides of the political spectrum voted for it. It seems strange that there would have been that tremendous uniformity if it means [corporations are covered].

She added…

[T]here was an effort to adopt a … specific conscience amendment in 2012, and the Senate rejected that… That amendment would have enabled secular employers and insurance providers to deny coverage on the basis of religious beliefs or moral convictions. It was specifically geared to secular employers and insurance providers. And that…was rejected.

Justice Kagan noted that RFRA was considered non-controversial when it passed, an unlikely reaction if it had been understood to open the door to employers citing religious objections to complying with laws relating to sex discrimination, minimum wage, family leave, or child labor.

Justice Kagan also noted that women are “quite tangibly harmed” when employers don’t provide contraceptive coverage. This decision, however, could have far-reaching implications beyond women’s reproductive rights since this case deals with some of the same core issues seen in “right to discriminate” bills like Arizona’s, as we pointed out yesterday morning.

PFAW Foundation

‘Right to Discriminate’ Bills, Meet Hobby Lobby

Last month, as Arizona governor Jan Brewer deliberated whether to sign or veto a law that would have allowed businesses to discriminate against LGBT customers, the public outcry was immense. Senators Jeff Flake and John McCain shared their opposition via Twitter. Companies including American Airlines, Apple, and AT&T urged a veto. Multiple state senators who had voted for SB 1062 asked Gov. Brewer to veto it. When she did, advocacy groups praised the decision and many in Arizona and across the country breathed a well-deserved sigh of relief.

But it turns out that sigh may have been premature.

This morning the Supreme Court will hear arguments in Sebelius v. Hobby Lobby Stores, Inc., a case that, on its face, appears to be dealing with a different issue – women’s access to contraception – but in fact grapples with some of the same core issues in play with “right to discriminate” bills like Arizona’s. In the Hobby Lobby case, as in its companion case Conestoga Wood Specialities v. Sebelius, corporations are trying to avoid complying with the contraception mandate of the Affordable Care Act. But both the Supreme Court cases and the “right to discriminate” bills address the question of whether for-profit corporations have religious rights and can use those “rights” in a way that brings harm to others. 

Comparing the vetoed Arizona bill to efforts to let companies deny covering contraception, National Women’s Law Center vice president Emily Martin put it like this: “What you’re seeing in both cases are corporations asserting the right to break the law in the name of religion, even if it results in harm and discrimination for third parties.” And The New Yorker’s Jeffrey Toobin noted,

Indeed, a victory for Hobby Lobby might bring in an Arizona-style rule through the back door….The Arizona law and the Hobby Lobby case represent two sides of the same coin. Both assert that the invocation of a religious belief allows a company to opt out of a government requirement that applies to everyone else.

But corporations have never had religious rights, and as affiliate PFAW Foundation senior fellow Jamie Raskin wrote in a recent report, that concept is simply “absurd.”

[I]t is time for the Court to restore some reality to the conversation.  Business corporations do not belong to religions and they do not worship God.  We do not protect anyone’s religious free exercise rights by denying millions of women workers access to contraception.

PFAW

How Money in Politics Undermines Diversity in Elected Office

During a speech to a packed audience at the University of Washington on Monday, Supreme Court Justice Sonia Sotomayor was asked by a student what problems need to be fixed in order to see more women and people of color in government. 

Sotomayor’s answer, as reported by The Seattle Times, was simple: “Money.”

“Money,” Sotomayor said to laughter. “No, seriously. Look at what’s happening in politics. What’s talking the loudest is money.” For more minorities and women to gain more of a foothold in government decisions, “we’re going to have to work the political system at the highest level,” she said.

Justice Sotomayor is right. Today our country is represented by leaders who, as a whole, look little like the electorate they are supposed to represent and serve. Women are a majority of the population, and yet only make up 20% of the Senate and 18% of the House, putting us 83rd in the world for women’s political representation. We have only one openly LGBTQ person and only a handful of people of color in the US Senate – in 2012 there were no African Americans. This picture is not only problematic in itself, but it also has broad implications for policy outcomes.

It’s true that we have also seen some promising developments in political representation in recent years. The 113th Congress is the most diverse in history, with a record number of women and minorities elected, as well as a number of firsts. As the policy director for the Young Elected Officials Network, I am heartened by the changing faces of leadership at all levels of government, and what this means for our country both symbolically and substantively. But, like Justice Sotomayor, I’m also concerned that our country’s money in politics problem is standing in the way of further progress.

Much has been said lately about the impact of money in politics on political representation. At The Atlantic’s Shriver Report summit on women and poverty in January, former Speaker Nancy Pelosi noted,

If you reduce the role of money in politics and increase the level of civility in debate, more women will run for office… We say to women, we want you to go raise 12 million dollars, and by the way, subject yourself to 10 million dollars in negative publicity.

The influence of money in politics not only fuels corruption and the elevation of special and powerful interests, but it exacerbates the imbalance of power as a whole in our country by creating barriers to political representation for communities who are already marginalized. It perpetuates a system where the country is led by people who don’t understand the daily lived and embodied experiences of their constituents.

On Capitol Hill, we see the effects of this imbalance play out each day. From thwarted gun violence prevention efforts to legislation attacking women’s reproductive health voted on by committees and panels made up entirely of men, we continue to have elected leaders who side against the demonstrated wishes of its voters and with the moneyed interests.

We must pursue reforms that transform our electoral processes, even the playing field for all candidates, and restore the power to the people by reducing the outsized influence of big money and protecting the rights of voters. All indications show that we get better results for everyone when there’s diversity in governing bodies.

It’s both common sense, and a matter of basic human rights.

PFAW Foundation

Heroic Filibuster in TX Stops Sweeping Anti-Choice Bill

A sweeping anti-abortion bill that would have decimated women’s rights in Texas was defeated thanks to Sen. Wendy Davis’s 13-hour filibuster.

Election Is Mandate for Policies Grounded in Progressive American Values

The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.
PFAW

Aspirin as the New Birth Control: The GOP War on Women Reaches New Lows

Last year, right-wing lawmakers attempted to defund the entire $317 million federal family program and tried to redefine "rape." Well, the War on Women's Health is back -- and now it's a flat-out, all-out War on Women.
PFAW

Supreme Court Slams the Courthouse Door on Women Facing Discrimination

Today, the Supreme Court handed down its decision in Wal-Mart v. Dukes, reversing a 9th Circuit Court decision and making it much more difficult to hold large corporations accountable for their treatment of employees.

House Moves to Deny Women’s Constitutionally-Protected Rights

The House has passed a sweeping bill that will resurrect the failed "Stupak ban" from the healthcare debate, effectively banning even private coverage of abortion care, and adds a new tax penalty to ensure that the ban becomes a reality

Republicans Set to Deny Preventative Healthcare to Women

This week, the House and Senate plan to vote on the Pence Amendment, which would end federal funding for Planned Parenthood, putting the health and safety of millions of Americans at stake.

PFAW Condemns House Republicans’ Ban on Local Support for Women’s Health

In the budget deal reached last week, the GOP didn’t only win huge tax cuts for their corporate supporters and the super-rich; they also used the impending government shutdown as leverage to ban local support for women’s health in Washington, DC.

House-Passes Devastating Amendment in Latest Attack in the GOP's War on Women

Moments ago, the House passed an amendment from Rep. Mike Pence that would eliminate all federal funding to Planned Parenthood clinics, which provide critical health services to millions of women each year.

Backlash Against SD Anti-Choice Bill Proves Voters Want Jobs, Not Attacks on Women

A proposed bill in South Dakota that would have classified murders of abortion doctors as “justifiable homicide” has been shelved after a national outcry, according to news reports. The bill, the latest in a series of attacks on women from state and federal lawmakers, drew outrage from pro-choice groups, including People For the American Way.

PFAW Condemns Abortion Provider Murder Bill

South Dakota’s House of Representatives is expected to vote soon on a bill that would legalize the killing of abortion providers. The bill would expand the state’s definition of “justifiable homicide” to include killings meant to protect the life of a fetus.

House GOP Playing Politics With Women’s Health

In a shameless attempt to stir up a Right Wing “culture war,” House Republicans are drafting a continuing resolution that would include the removal of all Title X family planning funds from the federal budget.
Share this page: Facebook Twitter Digg SU Digg Delicious