Why should you be concerned about the upcoming Supreme Court ruling on a pair of cases brought by Hobby Lobby and Conestoga Wood Inc.? The answer is, quite simply, that these cases jeopardize the birth control coverage that millions of women rely on. Both were designed as the latest tool in a long fight to restrict women's ability to control their own reproductive health.
Cloaked as a religious freedom argument, these employers at for-profit corporations want to deny their employees legally mandated insurance coverage for birth control, based on a boss's personal religious beliefs. This litigation, coupled with other lawsuits across the nation, shows that employer objections could include any and all forms of contraception.
Here are the facts: Ninety-nine percent of American women between the ages of 15 and 44 who are sexually active have used birth control at some point in their lives. Contraception is integral to mainstream health care and access is common sense, both for family planning and as treatment for a variety of medical conditions. According to the Guttmacher Institute, nearly 60 percent of birth control pill users cite health benefits as a contributing factor for using the birth control pill. Recognizing the importance of preventive care, the Affordable Care Act requires all insurance policies to cover preventive health care services, which includes the full range of FDA approved birth control methods with no out-of-pocket cost to women.
Cost does matter. Birth control can be expensive, particularly the most effective, long range methods like IUDs. We know that women, freed from cost barriers and able to select the contraception that works best for them and their families, have reduced unintended pregnancy rates and the need for abortion. Eliminating contraceptive coverage creates an economic disadvantage for women and creates a gender biased health care system
Politicians, special interest groups, and companies that believe they should control access to reproductive health are not only wrong, they are dangerous. If the Supreme Court rules in favor of the corporations, it could give business owners a free pass to discriminate and would create a slippery slope. Employers, based solely on their personal religious beliefs, could deny coverage for any medical treatment or procedure to their employees that they disagree with — including mental health services, vaccines, surgery, blood transfusions, and more — including race and gender discrimination, similar to the recent Arizona legislation.
Looking at the lawsuits on the federal level and anticipating the next discriminatory step, the Boss Bill was introduced in the New York State Legislature to prohibit employers from retaliating against workers who personally access contraception in conflict with their employer's religious beliefs. Currently in the Assembly and Senate Labor Committees, the Boss Bill moves beyond the question of insurance coverage and addresses workers' rights to make the personal health care decisions that are right for themselves and their families.
Studies clearly show that access to low-cost contraception improves health and reduces rates of unintended pregnancy and abortion. How is something that is so right for women's health being held hostage by third-party groups who believe their personal beliefs trump public health? And where does a boss's ability to interfere in his employees' lives end?
M. Tracey Brooks is CEO of Family Planning Advocates of New York State