Sentenced by Old Men

The justices of the U.S. Supreme Court undermine Obamacare: From now on, the “religious feelings” of corporate bosses will outweigh the rights of women to make their own family planning decisions.

Five Supreme Court justices have decided that the “religious feelings” of employers should carry more weight than a woman’s right to make her own health care, family planning and self-determination decisions. On the last day of the court’s session before going on summer break, the justices decided that the government can’t force businesses to pay for medications and devices that can cause spontaneous abortion if that runs counter to the employer’s moral and religious beliefs. Included in the decision would be, among other things, the “morning after” pill and intrauterine devices. Three female justices were joined by one male justice in dissent.

Several fundamentalist Christian employers filed suit opposing a provision in the health care reform law that granted women and their health insurers the right to family planning. Lead plaintiffs Barbara and David Green — Oklahoma Baptists — have become billionaires from their chain of home improvement stores known as Hobby Lobby. They argued that the requirement to finance their employees’ family planning went against their religious beliefs.

The Greens’ company employs over 30,000 workers. They use the profits from their company to support political causes in service to Christianity. Presently, they are building an $800 million Bible museum in downtown Washington, D.C., near other national museums and nearly as large as some of them. The Greens have also invested millions of dollars in a “biblical curriculum” they want public schools to use. One of their sons, Mart Green (owner of Mardel, a religious bookstore chain), along with the Mennonite Pennsylvanian entrepreneur Anthony Hahn (owner of the company Conestoga Wood Specialties, which employs 950 people; he is not related to the author of this article), was also party to the legal suit.

The attacks by fundamentalists are all part of numerous other conservative attempts to undermine the Affordable Care Act, as well as the right to use contraception. Other suits against the contraceptive provisions are pending, among them one filed by an order of nuns employed by a charity organization, who feel the requirement to fund abortion services violates their religious beliefs.

Calls for a Hobby Lobby Boycott

With the decision in Hobby Lobby’s favor, the Supreme Court put the religious feelings of corporate managers ahead of the rights of their employees, already guaranteed by federal statutes. In their decision, the five justices said that their decision applied only to a limited number of businesses holding strong religious convictions. They further explained that other medical provisions of the ACA — such as immunizations and cancer screening — were not affected. However, the vast majority of U.S. corporations — over 80 percent — are in the hands of just a few shareholders. Of those, a considerable number oppose Obama’s health care reforms, along with other socio-political projects favored by his administration. Justice Ruth Bader Ginsburg, one of the women voting with the minority on Monday, fears that the decision could become a precedent used in other suits based on “religious feelings” when attempts are made to undermine other already established rights.

Senator Elizabeth Warren, liberal hopeful for the Democrats in the coming election, said “The current Supreme Court has headed in a very scary direction.” There is already a petition circulating on the Internet calling for a boycott of Hobby Lobby stores, saying companies that suppress women’s rights should not be patronized.

A White House spokesman said the president respects religious freedom, but also believes that women, not their employers, should make their own personal health care decisions. Health care reform was one of Obama’s most important accomplishments, and he said he will look to other possibilities to ensure women have access to inclusive health care — including those women employed by conservative fundamentalist Christians.