With much of the East Coast enthralled by the visit of Pope Francis, let’s review an issue that pits – perhaps – the pontiff’s enduring commitment to the disenfranchised against his religious beliefs:
More than 50 years ago, the U.S. Supreme Court ruled in the landmark case Griswold v Connecticut that women have a constitutional right to birth control. Even with the right granted by the court, many women have had a hard time accessing contraception. Lack of health insurance, limits to coverage, and hefty co-pays have been obstacles keeping women from fully enjoying this right. Things have gotten better, however, since enactment of the Affordable Care Act (ACA), which requires free preventive health-care services for women. The law mandates that health insurers offer an employee and her dependents the full range of FDA-approved contraceptives – including the more costly injectables and IUDs – without any cost-sharing such as a co-pay.
Access to reproductive healthcare is critical in allowing women to lead full lives. A comprehensive review of more than 60 research studies by the Guttmacher Institute confirms what many women know: access to contraception significantly contributes to their educational attainment, economic stability, access to higher paying jobs, and mental health and wellbeing – for themselves as well as their children. As the Supreme Court said in another landmark opinion – 1992’s Planned Parenthood of Southeastern Pennsylvania et al. v. Casey, Governor of Pennsylvania, et al. – “the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.”
This coverage has not come without controversy. Some employers sued the Obama administration, claiming that the ACA mandate violates their religious beliefs because some forms of contraception that they would be required to pay for are, in their opinion, forms of abortion (an assertion contradicted by the science of how contraceptives work to prevent pregnancy). Although for-profit companies generally are not entitled to assert religious beliefs to avoid their legal responsibility, the Supreme Court ruled last year that the retailer Hobby Lobby did not have to follow the contraceptive mandate. The Obama administration recently issued new rules clarifying that “closely held” for-profit corporations (defined as a firm where more than 50 percent of the business is owned by up to five individuals) like Hobby Lobby and religiously affiliated non-profits are permitted to opt-out of the mandate by filing a self-certification indicating their desire for accommodation of their religious beliefs. In these cases, an insurance plan offered by the employer must still provide the full range of contraceptive coverage but the employer doesn’t have to pay for it.