SCOTUS gets Hobby Lobby horribly wrong: Why this isn’t a “limited” ruling
If you think Monday's decision won't affect you, you haven't been paying attention
In a 5-4 decision, the Supreme Court ruled Monday that Hobby Lobby can ignore federal law and deny its employees comprehensive health insurance because of its “sincerely held religious beliefs.” Analysis of the case has so far called this a limited ruling because it only applies to closely held corporations and “only” impacts contraceptive coverage. But this framing completely ignores the fact that more than 90 percent of corporations in the United States are closely held, and that the court just effectively ruled that it’s fine for employers to discriminate against half of the labor force. There’s nothing limited about it. As Justice Ruth Bader Ginsburg noted in her powerful dissent, far from being narrow in its ruling, the high court just “ventured into a minefield.”
So what does the decision actually mean? In the immediate term, it means that women who work at Hobby Lobby and Conestoga Wood Specialties are paying for health coverage (insurance is part of their compensation package, it’s not some gift bestowed upon them by their bosses) that their employers have decided that they can’t have. That’s really what this comes down to in the most blunt terms imaginable. The religious owners of these companies havemedically inaccurate ideas about contraception and abortion, and they now get to impose those ideas on the the people who work for them. In the majority opinion, five male justices argued that the Department of Health and Human Services can fill in the gaps in coverage created by this ruling by including for-profit companies in the accommodation system created for religious nonprofits and other explicitly faith-based organizations. Women’s health, it seems, has become someone else’s problem.
This is certainly bad news for the women who work at both of these places, but it’s bad news for the rest of us, too. The ruling sends a strong message that women’s health and women’s rights — as individuals and employees — do not matter as much as so-called religious liberty. It also shows once again that medically inaccurate ideas about healthcare can dictate the terms of a debate and ultimately win the day. Writing for the majority, Justice Samuel Alito argued that contesting Hobby Lobby’s claim that contraception is the same thing as abortion — an idea that has been refuted time and again by medical providers and associations — “in effect tells the plaintiffs that their beliefs are flawed.”
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