Who Knew? Hobby Lobby Is a Person

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.)

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The Kennedy Retirement and the Radicalizing of the Supreme Court

Protesters swarmed Washington, DC, to voice their opposition to Brett Kavanaugh.

When Justice Anthony Kennedy announced his retirement from the Supreme Court, alarms went up about overturning Roe v. Wade, which would make abortion once again illegal in many states. As shown in Whole Woman’s Health v. Hellerstedt, in which Kennedy provided the decisive fifth vote overturning Texas’ draconian laws limiting abortion access, one justice can preserve the right to abortion. But Kennedy also voted with the majority in Planned Parenthood v. Casey in 1992, when the Supreme Court upheld a state’s right to impose extra requirements — mandatory counseling, waiting periods, etc. — on those seeking abortions. So, while he was willing to curtail access, he never was willing to overturn Roe v. Wade altogether.


In Brett Kavanaugh’s twisted worldview, paperwork is the true burden, while an unwanted pregnancy is not.


But Kennedy was the last independent conservative on the Supreme Court. Anyone Trump nominated was going to be on the far right because he was using the Federalist Society’s list compiled by Leonard Leo. Not quite a kingmaker, but definitely a justice-maker, Leo is also responsible for Justices Roberts, Alito, and Gorsuch.

But some on the right have some doubts about Kavanaugh. In response, the National Review emphasizes Kavanaugh’s judicial defense of “religious freedom.” (Nothing shows the real danger Kavanaugh poses like pundits on the far right reassuring other conservatives.) They lauded Kavanaugh’s ruling in favor of the Trump administration in the case of Jane Doe, the teenage immigrant the Department of Health and Human Services (HHS) tried to stop from having an abortion, as “the latest in a long, unbroken line of consistent decisions on issues of religion and abortion.” Continue reading

Meet Our Candidates: Jennifer Jermaine for State Representative, LD 18

The time to fight back — and fight forward — for reproductive justice is fast approaching. The stakes are high in this year’s state election, with candidates for governor, secretary of state, attorney general, and other races on the ballot. The Arizona primary election will be held August 28, 2018, and early voting began on August 2. Voters need to have been registered by July 30 to cast their ballots. Reproductive health has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who put our health and our rights first. Get to know them now in our series of “Meet Our Candidates” interviews, and make your voice heard in 2018!

Jennifer Jermaine has a long history of being politically engaged, advocating for women’s rights, public health, and other causes on behalf of nonprofit and social services organizations. But the last two years have brought two waves of activism that were transformative for the longtime Chandler resident, inspiring her to launch her own advocacy organization — and run for state Legislature.


“Health care decisions are very personal and private and should be kept that way.”


The first wave was the mounting protests in the wake of Donald Trump’s election in 2016. The victory of such a far-right candidate prompted Jermaine to post a call for action on Facebook. Her idea was a network that would register voters and organize communities, a group she dubbed Stronger Together AZ. Within days, she had 10,000 members. By the end of the month, an inaugural meeting drew 1,000 participants.

The second wave was Arizona’s #RedforEd movement, which sparked strikes and walkouts this spring for better teacher salaries and school funding. Strengthening public education is the first issue Ms. Jermaine mentions on her campaign website. She seeks to represent Legislative District 18, which includes Ahwatukee and parts of Chandler, Mesa, and Tempe, “because the children of Arizona deserve fully funded public schools.”

Along with that focus, Ms. Jermaine is committed to standing up for civil rights and equality on behalf of women, people with disabilities, communities of color, and LGBTQ people. That includes recognizing women’s bodily autonomy and their right “to make their own health care decisions without government intervention or impositions.” Continue reading

Maternal Mortality: A National Embarrassment

Americans spend more money on childbirth than any other country, but we’re not getting a good return on our investment.

Less than a century ago, approximately one mother died for every 100 live births — an occurrence so common that nearly everyone belonged to a family, or knew of one, that was devastated by such a loss. Fortunately, in most nations, those tragedies have declined over the years. In fact, in the decade between 2003 and 2013, only eight countries saw their maternal mortality rates rise.

Unfortunately, the United States was one of those eight countries, joining a club that also includes Afghanistan and South Sudan. Within the 31 industrialized countries of the Organization for Economic Cooperation and Development, an American woman is more likely to die as a result of pregnancy than a citizen of any other country besides Mexico. Among developed countries, the United States has one of the highest maternal mortality rates — and those rates are only getting worse.

Graph: CDC

U.S. maternal mortality has attracted the attention of organizations whose oversight you wouldn’t expect. Amnesty International, which most Americans associate with the fight against human rights abuses in far-flung authoritarian regimes, considers our high maternal mortality rates to be a violation of human rights. Additionally — and pathetically — one of the biggest sources of funding for maternal health in the United States comes not from taxpayers but from the pharmaceutical company Merck. The Economist quoted a Merck spokesperson as saying, “We expected to be doing all our work in developing countries.” Continue reading

Meet Our Candidates: January Contreras for Arizona Attorney General

The time to fight back — and fight forward — for reproductive justice is fast approaching. The stakes are high in this year’s state election, with candidates for governor, secretary of state, attorney general, and other races on the ballot. The Arizona primary election will be held August 28, 2018, and voters need to be registered by July 30 to cast their ballots. Reproductive health has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who put our health and our rights first. Get to know them now in our series of “Meet Our Candidates” interviews, and make your voice heard in 2018!

Although January Contreras has never run for an elected office prior to now, she has spent her career close to politics and devoted to public service. Her experience has included advising Gov. Janet Napolitano on health policy and serving on President Obama’s White House Council on Women and Girls.

Last year, Contreras announced her bid to become the next Arizona attorney general, a position that serves as the chief legal officer of the state of Arizona. The attorney general represents and provides legal advice to the state and defends Arizona’s people and businesses in cases involving financial, civil rights, and felony criminal violations.


“We are our best when we work to protect the well-being and rights of all of us.”


During Napolitano’s tenure as attorney general, Contreras worked in the office as an assistant attorney general, with a focus on prosecuting criminal fraud cases. More recently, Contreras set her sights on leading the office, because she felt the state was at a “very important crossroads.” As she told the Arizona Republic, “for too long, the special interests have treated the office as their personal law firm.” As attorney general, Contreras wants to serve working families and small businesses and, as she told the Washington office of The Guardian, “fight hard” for “people in vulnerable positions.”

Fighting on behalf of those at risk is a cause that has been close to Contreras’ heart. Contreras has served on the board of the Arizona Coalition to End Sexual and Domestic Violence and was instrumental in establishing the Council on Combating Violence Against Women for Obama’s Department of Homeland Security. More recently, she co-founded a legal aid organization for women and children who are victims of abuse, Arizona Legal Women and Youth Services (ALWAYS). In addition, Contreras has been a lawyer and advocate for youth in the Deferred Action for Childhood Arrivals (DACA) program, which protects undocumented immigrants who arrived as children from facing deportation. Continue reading

Bearing the Burden of Injustice: Black Maternal Mortality

Mother and babyWhen it comes to maternal mortality, American women don’t all live in the same country. While white women live in Qatar, black women live in Mongolia.

Maternal mortality is death related to complications from pregnancy or childbirth. Most of us don’t come from a time or place where the prospect of dying in childbirth is a tangible possibility — in the past century, as medicine has advanced, maternal mortality rates have plummeted.


To raise healthy families, we need access to general and reproductive health care, including preventive care, prenatal care, and maternity care.


The United States, though, hasn’t come as far as would be expected. Although its wealth should have put it on par with other developed nations like Canada, the United Kingdom, Australia, Japan, and those in Scandinavia, women in these countries fare far better than those in the United States. So do women in Libya, Bosnia and Herzogovina, Bulgaria, and Kazakhstan, indicating that national priorities — and not necessarily national wealth — are key to ensuring maternal health.

The United States’ high maternal mortality rate is heartbreaking no matter how you look at it, but is even worse for women of color. African-American women are 3.5 times more likely to die as a result of pregnancy or childbirth than white women. Between 2011 and 2013, the maternal mortality rate for white women was 12.7 deaths per 100,000 live births. Comparing that to 2015 data from the World Health Organization (WHO), that rate puts white women’s maternal mortality on par with mothers in Qatar and Bahrain, two wealthy Persian Gulf nations. African-American women, however, suffered 43.5 deaths per 100,000 live births, putting their maternal mortality on par with those of Turkmenistan, Brazil, and Mongolia. Continue reading

2018: A Quick Look at What’s Ahead

The following guest post comes to us via Kelley Dupps, director of public policy for Planned Parenthood Advocates of Arizona.

We made it! We’ve survived a year under a regime keen on dismantling democracy, marginalizing many of our most vulnerable neighbors, and draining the swamp. Apparently, the swamp has been drained to release some of its inhabitants to serve as cabinet secretaries, presidential advisors, and political appointees. Despite the abuses to our civil liberties we endured on a weekly — even daily — basis, we have one good thing to say: This administration’s ability to galvanize the grassroots of the Resistance is impressive, and 2018 is poised to be another cage match of democratic ideals against despotic rhetoric.

The Trump Administration’s first year has been a whirlwind in which we found ourselves focused on survival, protecting our most vulnerable, and fighting back; and a quick assessment would show success on each front. From the millions of calls and emails generated to protect the Affordable Care Act (Obamacare); to Jane Doe’s legal victory to obtain an abortion while in ICE custody; to the millions who marched for women, science, truth, and the environment. So 2018 is all set for some intense campaigning as we head into midterm elections and weather attacks from a misinformed opposition, but look forward to some much-needed victories in November! Continue reading