Working Moms
Options

Today's SCOTUS Decision

13»

Re: Today's SCOTUS Decision

  • Options
    I am loath to jump in here, but here goes:

    The issue in this case is that the ACA granted the HHA rule making authority, and the HHA adopted a contraceptive mandate. HHA granted exemptions to religious non-profits. If you work for a religious non-profit that refuses to cover contraceptives, you can obtain contraceptive coverage as follows:

    "an eligible organization [one that declines to provide contraceptive coverage on religious grounds] must provide a copy of its self-certification to its third party administrator. The third party administrator must then provide or arrange separate payments for contraceptive services for the women in the health plan of the organization, at no cost to the women or to the organization. [emphasis added] The costs of such payments can be offset by adjustments in Federally-facilitated Exchange user fees paid by a health insurance issuer with which the third party administration has an arrangement."

    The issue in the Hobby Lobby case was whether the government's compelling interest in providing contraceptive coverage to women through the HHS mandate met with the strict scrutiny standard required under the Religious Freedom Restoration Act. The Court in its ruling yesterday said no, because a less restrictive means of achieving that compelling interest was possible as demonstrated through the exemptions granted to religious non-profits. In other words, before government can burden the free exercise of religion, it must have a compelling interest and the burden must be minimally restrictive.

    It's fine if you want to argue that the shareholders of closely held corporations shouldn't be allowed to make business decisions that keep in line with their individually held religious views. The majority opinion explicitly said the opinion could not be read expansively to include publicly traded corporations, and the issue of whether contraception should be available at all was simply not at issue. What the court was saying is that closely held corporations should be granted the same exemption that religious non-profits have been given by the HHS. Women who work for such organizations will be able to obtain the contraceptive coverage they desire...for free.
  • Loading the player...
  • Options
    amy052006 said:
    amy052006 said:
    Please right leaning wackos, keep on keeping on with this nonsense against women.  "Enrage and motivate the female voter to turn out in droves" has always been a huge win for the right.  I am sure it will work out great for you!
    IDK about you but I'll be taking election day off to drive people to the polls if I have to at this point.
    You can write the script already.  Any even vaguely moderate Republican with a chance will need to move so far to the right to get out of the primary that it will be an epic failure come the national election.  It never ever works, and they keep plugging away at it.  Coupled with a viable female Democratic candidate, and the whole think is actually insane.
    Fine by me :)
    Baby Birthday Ticker Ticker



    Image and video hosting by TinyPic
    Throwing leaves <3
  • Options


    SoMoNY said:
    Don't like your employer or their coverage do a little research and find a job that fits your needs.
    Or go on the open exchange and get your own insurance.

    I don't think its right to force a business to pay for things that offend their beliefs.  

    Curious what your thoughts are about how HL is making money off these products?   If they are so ethically against these products for religious reasons, why are they OK investing in and supporting the manufacturers of these products as a shareholder?
    Still waiting...because I'm extremely curious about your thoughts on how HL is seemingly picking and choosing when to apply their religious beliefs.
    image
    laying down the law on Oahu's North Shore

    Pregnancy Ticker
  • Options
    mae0111 said:




    mae0111 said:

    I will throw my opinion out there.  I haven't studied this, so this is based on my understanding.

    I believe that a non-profit religious organization should have the right not to offer contraception.  If I chose to work for an Archdiocese of the Catholic Church, I would fully understand that contraception is fundamentally against their beliefs, and I will not be getting any BCP paid for.

    However, if you go to work for an organization that is historically Catholic - for example, Georgetown University or a Caritas Christie hospital - the same rules should not apply.

    Allowing private corporations "religious freedom" to cherry pick their benefits is frightening.  And I tend to be more on the conservative end of the spectrum (fiscally, not socially, and both drive my voting). So, as I understand the decision, I'm afraid.

    It's broad, but it's my opinion.  Flame away...

    When those religious organizations stop lobbying to get laws passed to push their religion on others, I will agree. That is actually a part of their tax exempt status that is not at all enforced.

    If they want to play in the political arena with their religious beliefs, then they pay taxes.



    I agree that they shouldn't be lobbying to pass broad-based laws, but they should be able to protect their own freedom.  Lobbying for an exemption to a law based on very specific criteria is one thing.  Pushing for no reproductive rights for any women anywhere is different.


    Pushing for no reproductive rights would out them for the POSs they are. So, they do it slowly and disguise it as "religious freedom" and "pro-life".

    Harry Styles = Life Ruiner

    image

    There’s a lightning in your eyes I can't deny
    Then there’s me inside a sinking boat running out of time
    Without you I'll never make it out alive
    But I know, yes, I know we’ll be alright
    -----------------------------------------------------------------------
    J. 1.14.13 my reason for breathing 
  • Options


    SoMoNY said:
    Don't like your employer or their coverage do a little research and find a job that fits your needs.
    Or go on the open exchange and get your own insurance.

    I don't think its right to force a business to pay for things that offend their beliefs.  

    Curious what your thoughts are about how HL is making money off these products?   If they are so ethically against these products for religious reasons, why are they OK investing in and supporting the manufacturers of these products as a shareholder?
    Still waiting...because I'm extremely curious about your thoughts on how HL is seemingly picking and choosing when to apply their religious beliefs.
    I wouldn't hold your breath Rocky. It's obvious we're just pissed about lack of abortions.
    True. I was hopeful when I saw the influx of comments...I truly am curious how someone can so passionately defend and believe in HL, but not take issue with the fact that they support these companies.
    image
    laying down the law on Oahu's North Shore

    Pregnancy Ticker
  • Options
    jess9802 said:
    I am loath to jump in here, but here goes:

    The issue in this case is that the ACA granted the HHA rule making authority, and the HHA adopted a contraceptive mandate. HHA granted exemptions to religious non-profits. If you work for a religious non-profit that refuses to cover contraceptives, you can obtain contraceptive coverage as follows:

    "an eligible organization [one that declines to provide contraceptive coverage on religious grounds] must provide a copy of its self-certification to its third party administrator. The third party administrator must then provide or arrange separate payments for contraceptive services for the women in the health plan of the organization, at no cost to the women or to the organization. [emphasis added] The costs of such payments can be offset by adjustments in Federally-facilitated Exchange user fees paid by a health insurance issuer with which the third party administration has an arrangement."

    The issue in the Hobby Lobby case was whether the government's compelling interest in providing contraceptive coverage to women through the HHS mandate met with the strict scrutiny standard required under the Religious Freedom Restoration Act. The Court in its ruling yesterday said no, because a less restrictive means of achieving that compelling interest was possible as demonstrated through the exemptions granted to religious non-profits. In other words, before government can burden the free exercise of religion, it must have a compelling interest and the burden must be minimally restrictive.

    It's fine if you want to argue that the shareholders of closely held corporations shouldn't be allowed to make business decisions that keep in line with their individually held religious views. The majority opinion explicitly said the opinion could not be read expansively to include publicly traded corporations, and the issue of whether contraception should be available at all was simply not at issue. What the court was saying is that closely held corporations should be granted the same exemption that religious non-profits have been given by the HHS. Women who work for such organizations will be able to obtain the contraceptive coverage they desire...for free.
    1. I appreciate your well thought out response.

    2. What the court was saying is that closely held corporations should be granted the same exemption that religious non-profits have been given by the HHS.It is my opinion that they should not because it opens the door for closely held corporations to hide behind religion to make medical choices, without medical degrees, to save on costs. It also opens the door to allow for closely held corporations to discriminate (gender and race all have medical conditions that are specific to them)  and hide behind religion as the reason. And, finally, it violates one of the primary foundations this country was founded on - a separation of church and state. 

    3.
    Women who work for such organizations will be able to obtain the contraceptive coverage they desire...for free. It is not for free because it is Federally funded by tax dollars (something that a lot of these corporations are fundamentally against), this maybe the aspect that is fought next, and it only is written to include BC, not any of the other illnesses and treatments that are going to be coming up from this decision soon.
    Baby Birthday Ticker Ticker
  • Options
    jess9802jess9802 member
    edited July 2014

    Yes, and this is a problem. 

    A closely held corporation is NOT a religious non-profit. 

    A corporation is not a person. 

    A corporation is a legal entity created solely for taxation purposes. 

    If HL wants to have the same rights and privileges as a religious non-profit, they should be a religious non-profit. 

    Absolutely ridiculous ruling by SCOTUS and Ginsberg had the right of it in her dissent.  
    A corporation is not a natural person, true. No one disputes this. But, corporate personhood is a legal fiction with a very long history in this country. Our Court has simply been expanding the benefits of corporate personhood in the last decade or so. (FWIW, corporations are not formed merely for tax purposes.) Traditionally, constitutional rights are not afforded to corporations as such rights are individual. But this was not a First Amendment case - it was decided under RFRA, which does not define person as only natural persons. The case really seems to turn on the closely held aspect of their corporate structure - there are a limited number of individual shareholders whose religious views are ascertainable. Thus, as persons, they are entitled to protection under the RFRA, even when they have incorporated.

    "3.Women who work for such organizations will be able to obtain the contraceptive coverage they desire...for free. It is not for free because it is Federally funded by tax dollars (something that a lot of these corporations are fundamentally against), this maybe the aspect that is fought next, and it only is written to include BC, not any of the other illnesses and treatments that are going to be coming up from this decision soon"

    Where I see the attack coming next is whether the government has a compelling interest in mandating contraceptive coverage at all.
  • Options

    I do think the compromise to give an exemption to religious non-profits created an issue for the government in arguing the mandate - they never really had a "good" rebuttal as to why the same program couldn't be there for corporations.  I still don't think any corporation is a person, and I think the 5 justices used that program/exemption as an excuse.

    Just because the opinion states it should not be read broadly, does not mean that it won't open up the door for some skilled, and not so skilled, lawyers to argue that the principles behind it apply to a wide variety of issues and mandates. Again, this isn't really the end of the debate
    @PrivacyWanted - so what do you think the answer is?  Not trying to be argumentative, I'm genuinely curious.

    I'm Catholic.  I don't believe in many of the Church's stances (BCP/abortion being among the top areas of disagreement), but I believe that they have a right to say that they're not going to provide that coverage to their employees.  Taking away that right would, in my eyes, absolutely crush the ideas of freedom of religion. 

    Again, there are many for-profit agencies associated with the Church, and they should be removed from this sort of consideration (or lose the right to any sort of federal funding, like research grants or federally subsidized student loans to students who choose to attend).  The line feels blurry now, but I don't think it has to be.

    I'm not sure I made any sense here...
  • Options


    "3.Women who work for such organizations will be able to obtain the contraceptive coverage they desire...for free. It is not for free because it is Federally funded by tax dollars (something that a lot of these corporations are fundamentally against), this maybe the aspect that is fought next, and it only is written to include BC, not any of the other illnesses and treatments that are going to be coming up from this decision soon"

    Where I see the attack coming next is whether the government has a compelling interest in mandating contraceptive coverage at all.
    Well we are in agreement that it will be an attack, but I absolutely think there is a compelling interest for mandating contraceptive coverage. There is no medical reason not to, especially since it has never been a debate as to whether a man's vasectomy would be covered. Also, to the point that only 30% of contraceptives are being prescribed to function as a contraceptive and are instead being used for other medical purposes - ruling out the mandate would be discriminatory against not only women, but to  those with medical conditions that need to be treated with contraceptives.

    Other than moral and religious objections - what reasons would excluding coverage be needed?
    Baby Birthday Ticker Ticker
  • Options
    I keep hearing this "sex isn't a basic right" thing.
    Didn't I learn in biology class that sex is a biological need? Am I remembering health class wrong??
    Sex is a basic right. 

    But you better keep your legs closed, whores, if you want to take BCP because whores.  
    Just had a FB "friend" tell me that since I can't take hormonal BCP and since I have a temporary medical condition that would make pregnancy life threatening that I should just get a tubal or get a divorce and never have sex again. Couldn't hit the unfriend button fast enough. 
    Baby Birthday Ticker Ticker



    Image and video hosting by TinyPic
    Throwing leaves <3
  • Options
    I just wait for people like SoM... whatever, to meet karma. It will happen. Maybe some day she, or her daughter, friend, relative, will have debilitating ovarian cysts or an ectopic pregnancy. It'll be a shame when her insurance won't cover the costs to treat, because years before SCOTUS ruined women's rights.
    you dont need the morning after pill or plan B to treat ovarian cysts. Thats just plain birth control which HL already pays for now. BCP dont treat an ectopic pregnancy that's typically surgery and a medical emergency which is a totally different discussion.

    Sex isn't a basic right. It's a choice.  Their health insurance covers birth control pills. And at $14 an hour their workers can afford a back up box of condoms as needed.

    They do use what some people have named the abortion pill for ectopic pregnancies that are caught in time to save the fallopian tube, and that was one of the pills that was of issue here.
    Baby Birthday Ticker Ticker
  • Options

    lolno.  I'm pretty sure you're average HL worker doesn't make $14/hour.  
     
    The minimum wage for their full-time hourly employees is in fact $14/hour and $9.50/hour for its part-time employees.
  • Options
    Oh snap.

    The Supreme Court on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling. The justices did not comment in leaving in place lower court rulings in favor of businesses that object to covering all 20 methods of government-approved contraception. […] The justices also ordered lower courts that ruled in favor of the Obama administration to reconsider those decisions in light of Monday's 5-4 decision.
    https://www.dailykos.com/story/2014/07/01/1310918/-Supreme-Court-clarifies-Yes-Hobby-Lobby-is-about-all-slut-pills?detail=facebook#
    Baby Birthday Ticker Ticker



    Image and video hosting by TinyPic
    Throwing leaves <3
  • Options
    jess9802jess9802 member
    edited July 2014
    amy052006 said:
    I'd love to see some hard numbers on how many actually get full time.  because yeah, Walmart. Color me skeptical.
    No idea. The articles I've seen say more than 40% are full time. There are so many other aspects of their corporate culture that turn me off that worrying about their use of part-time employment when they pay above minimum wage in either case is pretty low on the priority list for me.
  • Options
    amy052006 said:
    Also, let's be real.  Hobby Lobby has a vested interest in keeping women with few options barefoot, pregnant and selling stupid ass crafts in their esty shops.

    I'm half kidding.

    If I swung that way, I would be half in love with you for that comment. I actually laughed, and I'm having the shittiest of shitty days.
  • Options

    amy052006 said:
    Oh snap.

    The Supreme Court on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling. The justices did not comment in leaving in place lower court rulings in favor of businesses that object to covering all 20 methods of government-approved contraception. […] The justices also ordered lower courts that ruled in favor of the Obama administration to reconsider those decisions in light of Monday's 5-4 decision.
    https://www.dailykos.com/story/2014/07/01/1310918/-Supreme-Court-clarifies-Yes-Hobby-Lobby-is-about-all-slut-pills?detail=facebook#
    Not to mention Plan B is no more of an "abortion pill" than regular BCPs. I get science is not the strong suit of this crowd, but how the fuck does that just slide by?
    The lower court cases are from a lot of Catholic organizations who oppose the contraception mandate entirely based on Catholic teaching regarding artificial birth control. As I understand it, the Court is simply saying that yesterday's decision didn't turn on the methods of birth control to which Hobby Lobby objected, but rather on whether the underlying religious belief from which the objection is formed is burdened by the mandate.
  • Options
    jess9802 said:

    amy052006 said:
    Oh snap.

    The Supreme Court on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling. The justices did not comment in leaving in place lower court rulings in favor of businesses that object to covering all 20 methods of government-approved contraception. […] The justices also ordered lower courts that ruled in favor of the Obama administration to reconsider those decisions in light of Monday's 5-4 decision.
    https://www.dailykos.com/story/2014/07/01/1310918/-Supreme-Court-clarifies-Yes-Hobby-Lobby-is-about-all-slut-pills?detail=facebook#
    Not to mention Plan B is no more of an "abortion pill" than regular BCPs. I get science is not the strong suit of this crowd, but how the fuck does that just slide by?
    The lower court cases are from a lot of Catholic organizations who oppose the contraception mandate entirely based on Catholic teaching regarding artificial birth control. As I understand it, the Court is simply saying that yesterday's decision didn't turn on the methods of birth control to which Hobby Lobby objected, but rather on whether the underlying religious belief from which the objection is formed is burdened by the mandate.
    The whole religious exemption thing is frustrating, even for religious organizations. Back in the 90's, I was prescribed birth control as a teenager for purely medical reasons. I was a long way from being sexually active. A few years later, my father went to work for our local catholic diocese (my parents are catholic). My parents also owned a small business, which my mom managed, so our only benefit options were through my father. I remember my parents getting a letter one day stating his work would stop covering my birth control because it went against Catholic beliefs. I remember being angry, and somewhat ashamed as a teenager, that I had to work with my parents and my doctor to get medical paperwork in about something so personal and have a group of men approve coverage for this. And we were far from well off, so paying out of pocket would not have been easy. And no, switching jobs is not always an option. My father only had a high school education and worked at a factory most of his life. He was beyond thrilled when he got this job with the diocese.
    Baby Birthday Ticker Ticker Baby Birthday Ticker Ticker
  • Options
    Sex isn't a basic right. It's a choice.  Their health insurance covers birth control pills. And at $14 an hour their workers can afford a back up box of condoms as needed.
    Um, the right to reproduce (i.e. have sex that may product babies) is considered a basic human right by many reasonable human beings. The alternative is called eugenics.

    WHO's definition of reproductive rights:
    Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions concerning reproduction free of discriminationcoercion and violence.[2]
    ...unless of course you work for HL, because their rights as a Christian company supercede your right to make these decisions free of discrimination.

    (Agreeing with you btw in case it wasn't clear.)
    Baby Birthday Ticker Ticker



    Image and video hosting by TinyPic
    Throwing leaves <3
  • Options
    edited July 2014
    The user and all related content has been deleted.
This discussion has been closed.
Choose Another Board
Search Boards
"
"