Who Knew? Hobby Lobby Is a Person

Posted on June 24, 2019 by Anne Hopkins

Five years ago this week, on June 30, 2014, for the first time in the history of the United States, the Supreme Court ruled that some for-profit corporations could, like human beings, exercise religious beliefs and exempt themselves from general laws that violate those beliefs. Five justices bestowed upon a handful of business owners the right to deny thousands of their employees the contraception method of their choice otherwise guaranteed under the Affordable Care Act (ACA). Guess who performed this legal baptism?

The Hobby Lobby majority quintet: Justices Thomas, Roberts, Alito, Kennedy, and Scalia. Source: Media Matters, June 30, 2014

Justice Samuel Alito wrote for the majority quintet. His rationale seemed to be:

The statute at issue, the Religious Freedom Restoration Act of 1993 (RFRA), doesn’t specifically exclude for-profit corporations as protected “persons” who collectively exercise religion and deserve exemption from laws, so the court relies on the legal Dictionary Act, which states: “In determining the meaning of any Act of Congress, unless the context indicates otherwise … the words ‘person’ and ‘whoever’ include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.”
Religious exemption requests are taken at face value — without regard for actual scientific evidence. In the Hobby Lobby case, the religious exemption was requested based on the claim that some forms of contraception are infanticide (Plan B, ella, and IUDs). (Such claims are false. Per the Guttmacher Institute, “The weight of the evidence clearly shows that emergency contraceptives and IUDs are not abortifacients.”)
The U.S. Department of Health and Human Services (HHS) has not implemented a legally acceptable accommodation for for-profit corporations (our new “persons”). Alito suggested a workaround that the government provide these women contraceptives (with tax dollars) instead. (Subsequent to the decision, an HHS accommodation was reached to allow these closely held, for-profit corporations to use the same opt-out procedure allowed for entities operated by religious groups — e.g., universities, hospitals, and charities).
This is a narrow decision that won’t open the floodgates of other religious objections to other laws. (More on this later.)

Continue reading →

Let’s Talk Contraception: Dispelling Myths About Emergency Contraception

Posted on October 19, 2015 by Rebecca

Since 1998, when the Food and Drug Administration first approved the morning-after pill, there have been controversies about its sale and use. Initially, age restrictions were enforced to regulate its sale, and some hospitals and pharmacies refused to provide it to their patients. After considerable pressure from public and medical groups, emergency contraception (EC) is available for sale to anyone at their local pharmacy, with the exception of ella and the copper IUD, both of which require prescriptions.

Emergency contraception is widely available, easy to use, and safe!

And yet, after almost 20 years of remarkably safe use, there are still myths regarding its safety, actions and use. Let’s look at some of those myths right now!

First, there are misunderstandings regarding EC’s availability:

Myth: EC is hard to get and you need a prescription.

Since 2013, most ECs are available to buy in pharmacies over the counter to anyone, regardless of age or gender. There are two exceptions: If you need ella, another morning-after pill, you do need a prescription, and the copper IUD requires placement by a health care provider.

Myth: There is only one type of EC available.

There are several different pills available, such as Plan B One-Step or generic equivalents. These all contain levonorgestrol, a progesterone hormone that is also in many other contraceptives. Ella contains ulipristal acetate and works effectively and evenly up to five days after unprotected sex. Ella is dispensed with a prescription. The copper IUD also needs a prescription but is the most effective EC when placed within five days of unprotected sex. It is recommended for obese women or women who have had several episodes of unprotected sex, and its contraceptive effect lasts 10 years. Continue reading →

Supreme Court Rules Against Women in Hobby Lobby and Buffer Zone Cases

Posted on July 14, 2014 by Stacey S.

Five out of six male Supreme Court justices voted in favor of Hobby Lobby’s right to deny full contraceptive benefits. Their opinion does not represent the entire male population. Photo: NARAL

On the morning of June 30, the U.S. Supreme Court (or should I say the men of the Supreme Court) ruled in favor of two corporations, Hobby Lobby and Conestoga Wood, who argued that they should not have to provide insurance coverage for their employees’ birth control, as required by the Affordable Care Act, because of the business owners’ personal religious beliefs.

The court stated that when corporations are “closely held” and it can be shown that the owners operate the business consistently with certain religious beliefs, then these corporations can be exempted from federal laws that burden those religious beliefs.

Emergency contraception and IUDs work primarily by preventing fertilization, and won’t interfere with existing pregnancies.

The “beliefs” in question held by these two corporations concern two forms of birth control — emergency contraception and IUDs (intrauterine devices). But their “beliefs,” that emergency contraception and IUDs are abortifacients, aren’t rooted in actual science.

Here are the details.

Hobby Lobby believes that “life begins at conception.” They define “conception” as the time at which a sperm and egg combine to create a zygote.

The medical community, including the American Congress of Obstetricians and Gynecologists (ACOG), defines conception as the point at which a fertilized egg implants in the uterus. According to ACOG, the term “conception” properly means implantation. Continue reading →