Contraception is not health care

The great Anthony Esolen reminds us, in the midst of the Obamacare insurance mandate, that contraception is NOT, strictly speaking,  a medical issue:

The use of estrogen as contraception is not medical at all. Quite the contrary. A couple who use estrogen to prevent the conception of a child do not ingest the drug to enhance the performance of their reproductive organs, or to heal any debility therein. Their worry is rather that those organs are functioning in a healthy and natural way, and they wish they weren’t. They want to obtain not ability but debility. They want not to repair but to thwart.

Here it is usually argued that the drug is medical because it prevents a disease. But that is to invert the meaning of words. When the reproductive organs are used in a reproductive act, the conception of a child is the healthy and natural result. That is a plain biological fact. If John and Mary are using their organs in that way, and they cannot conceive a child, then this calls for a remedy; that is the province of medicine. It is also the province of medicine to shield us against casual exposure to communicable diseases—exposure that we cannot prevent, and that subjects us to debility or death. Childbearing and malaria are not the same sorts of thing.

via A Tale of Two Sex Hormones « Public Discourse.

The use of artificial estrogen to prevent conception is, in fact, he argues, parallel to the use of artificial testosterone–a.k.a. steroids–by baseball players.  (You’ve really got to read how he ties baseball into all of this!)

HT:  Mark Misulia

Law forcing sales of abortion pill struck down

Yes, Christians have often criticized the courts.  But as anti-religion laws proliferate, the courts may be a wall of defense.  The same judge that struck down the military’s “don’t ask, don’t tell” policy about gays has made a ruling that protects religious conscience:

A federal court in Tacoma, Washington, struck down a Washington law that requires pharmacists to dispense the morning-after pill even when doing so would violate their religious beliefs. The court held that the law violates the First Amendment right to free exercise of religion.

“Today’s decision sends a very clear message: No individual can be forced out of her profession solely because of her religious beliefs,” said Luke Goodrich, Deputy National Litigation Director at the Becket Fund for Religious Liberty. The Becket Fund, together with the Seattle-based law firm of Ellis, Li & McKinstry, represents the plaintiffs in the case. “If the state allows pharmacies to refer patients elsewhere for economic, business, and convenience reasons, it has to allow them to refer for reasons of conscience,” added Mr. Goodrich.

The plaintiffs in the case are a family-owned pharmacy (Ralph’s Thriftway) and two individual pharmacists (Margo Thelen and Rhonda Mesler) who cannot in good conscience dispense Plan B (“the morning-after pill”) or ella (“the week-after pill”). These individuals believe that human life begins at the moment of fertilization, and that these drugs destroy human life because they can operate by destroying a fertilized egg, or embryo. Rather than dispensing those drugs, they refer patients to one of dozens of nearby pharmacies that stock and dispense them.

In 2007, the Washington State Board of Pharmacy passed new regulations making it illegal to refer patients to neighboring pharmacies for reasons of conscience, despite allowing them to refer patients elsewhere for a wide variety of business, economic, or convenience reasons. Because of the regulations, Margo Thelen lost her job; Rhonda Mesler was told she would have to transfer to another state; and Kevin Stormans, the owner of Ralph’s Thriftway, faced repeated investigations and threats of punishment from the State Board of Pharmacy.

“The Board of Pharmacy’s 2007 rules are not neutral, and they are not generally applicable,” the Court explained. “They were designed instead to force religious objectors to dispense Plan B, and they sought to do so despite the fact that refusals to deliver for all sorts of secular reasons were permitted.”

via Court Strikes Down Law Requiring Pharmacies to Dispense the Morning-After Pill | Becket Fund.

Maybe this will become a legal precedent when the Obamacare insurance mandate ends up in court.

Birth control as a winning issue for Democrats?

Religious people are for the most part appalled at the Obamacare mandate that employers must provide health insurance that will provide free abortion pills and contraceptives.  This is seen as a profound assault on religious liberty, forcing people by law to do what their religion forbids.

The left, though, is framing the issue as being all about birth control, ignoring the religious liberty angle altogether.  And Democrats are elated, convinced that they have found their winning issue that will make voters forget all about the economy in order to drive out of public life once and for all those crazy religious people who are against sex and who want to keep all women pregnant.

Sample the rhetoric and the cynical political strategy from this:  It’s Democrats who are putting focus on birth control – She the People: – The Washington Post.

Which side do you think will be more effective in framing the issues?

Forcing a company to give away a product for free

Charles Krauthammer points out yet another problem with President Obama’s contraceptive mandate compromise:

The president of the United States has just ordered private companies to give away for free a service that his own health and human services secretary has repeatedly called a major financial burden.

On what authority? Where does it say that the president can unilaterally order a private company to provide an allegedly free-standing service at no cost to certain select beneficiaries? . . . .

To solve his own political problem, the president presumes to order a private company to enter into a contract for the provision of certain services — all of which must be without charge. And yet, this breathtaking arrogation of power is simply the logical extension of Washington’s takeover of the private system of medical care — a system Obama farcically pretends to be maintaining.

Under Obamacare, the state treats private insurers the way it does government-regulated monopolies and utilities. It determines everything of importance. Insurers, by definition, set premiums according to risk. Not anymore. The risk ratios (for age, gender, smoking, etc.) are decreed by Washington. This is nationalization in all but name. The insurer is turned into a middleman, subject to state control — and presidential whim. . . .

This constitutional trifecta — the state invading the autonomy of religious institutions, private companies and the individual citizen — should not surprise. It is what happens when the state takes over one-sixth of the economy.

via Charles Krauthammer: Overreach — Obamacare vs. the Constitution – The Washington Post.

Matt Harrison to testify to Congressional committee today

I have it on good authority that Rev. Matthew Harrison, president of the Lutheran Church Missouri Synod, will testify before a Congressional committee investigating the religious liberty issues in the Obamacare abortion pill/contraception mandate.  Testimony is scheduled to begin at 9:30 a.m. ET.  I’m told that you can watch it here:  Committee on Oversight and Government Reform.

I’m glad he is doing this.  It’s important to demonstrate that this is not just a Roman Catholic issue.

Do you think this is good for him to do?  Or is this a violation of the Lutheran doctrine of the Two Kingdoms?  Or is it an example of that doctrine?

Do 98% of Catholic women use contraceptives?

Apologists for the administration’s abortion pill & contraceptive mandate are pointing to statistics that say as many as 98% of Roman Catholic women use contraceptives in defiance of the teaching of their church.  This is then used to encourage Democrats to not back down from the mandate, despite what the bishops say, as if rank and file Catholics will support the Obama administration anyway.

It turns out, though, that the 98% numbers are yet another way to lie with statistics, as Mark Misulia explains, quoting an analysis linked in the post:

The study excludes women who are not sexually active, where this is defined as “sexual intercourse in the past three months,” postpartum, pregnant, or women trying to get pregnant. The study was designed to “include only women for whom a pregnancy would be unintended and who are ‘at risk’ of becoming pregnant.” It is not clear whether the study includes women who are neither trying nor not trying to become pregnant. . . .

“The deliberate design of the study to cover only women who, at the time of the study, were having sexual intercourse while regarding a pregnancy as unintended would be likely to make it unrepresentative of Catholics and particularly unrepresentative of devout Catholics. Yet the study is now being cited to show the percentage of Catholic women generally who are not following the teaching of the Catholic Church in this area…a statistic based on a study that explicitly excluded those who have no use for contraception is obviously irrelevant to a question about the percentage of Catholic women who have a use for contraception!”

The fact that women who are celibate, postpartum, and those not trying to avoid pregnancy are excluded is enough. That such a misrepresentation is being used as leverage in serious political discourse is truly unfortunate, regardless of the content of the study, and says as much about contemporary American politics as the mandate itself.

via The Bogus 98 Percent » First Thoughts | A First Things Blog.

Here is how Mollie Hemingway puts it, analyzing in more detail the original study from the Guttmacher Institute (which happens to be an organization affiliated with Planned Parenthood):

So I guess we could say that among women aged 15-44 who had sex in the last three months but aren’t pregnant, post-partum or trying to get pregnant, 87 percent of women who identify as Catholic used contraception. It’s worth pondering just who is left out of this 87 percent, other than, you know, everyone who doesn’t use contraception.

Certainly lots of Roman Catholics don’t follow their church’s teaching in this matter, but that doesn’t change the right of the church to set those teachings, as they themselves for the most part surely realize.


CLOSE | X

HIDE | X