Senate Democrats Introduce New Contraception Legislation to Combat Hobby Lobby Ruling
Senate Democrats are pushing back against the Supreme Court's ruling that allows for-profit businesses to deny health insurance coverage for contraception to female employees on religious grounds.
According to MSNBC, Senate Democrats responded by introducing legislation Wednesday that aims to increase women's access to coverage for contraception through their employers.
Congressional Democrats introduced the "Protect Women's Health From Corporate Interference Act" Wednesday, which aims to ensure that employers can't interfere with their employee's decision to use contraception and/or other health services. The bill states that all insurance plans, including those used by for-profit corporations, must cover birth control for women. However, it will retain the exemption for churches and other anti-contraception religious institutions, as well as religious nonprofits.
The bill was introduced by Washington Sen. Patty Murray, who said the Supreme Court's decision, which ruled in favor of the religiously affiliated business Hobby Lobby, "sets a dangerous precedent and takes us closer to a time in history when women had no choice and no voice."
"Since the Supreme Court decided it will not protect women's access to health care, I will," she added.
Murry hosted a press conference Wednesday morning to unveil the bill, along with Sens. Barbara Boxer (D-Calif.), Mark Begich (D-Alaska) and Mark Udall (D-Colo.); Reps. Jerrold Nadler (D-N.Y.), Louise Slaughter (D-N.Y.) and Diana DeGette (D-Colo.); as well as spokespeople from the National Women's Law Center, NARAL Pro-Choice America, and Planned Parenthood.
Murry's bill, which will have a companion measure in the House, will enjoy full support from the Obama administration. According to MSNBC, the measure was drafted in consultation with the White House.
While it's certain that the Senate will take on the bill, it is not clear when.
Yet, Senate Majority Leader Harry Reid (D-Nev.) said Tuesday that the Protect Women's Health From Corporate Interference Act will be one of his main focuses in the next few weeks.
"The one thing we're going to do during this work period, sooner rather than later, is to ensure that women's lives are not determined by virtue of five white men," Reid said.
It is also not clear whether the bill will pass in general. While the Hobby Lobby decision is not being questioned on its constitutional applicability, the ruling was based on the Religious Freedom Restoration Act (RFRA) that was passed in the 1990s. Murry and her colleagues aim to clarify the law and its applicability to the Hobby Lobby ruling.
Kimberly Inez McGuire, Director of Public Affairs at National Latina Institute for Reproductive Health, told The Latin Post that introducing the legislation is the right move.
"We're supportive of this effort, and thankful to have champions for women's health and rights fighting on our behalf in Congress," Inez McGuire said. The Supreme Court's Hobby Lobby decision dealt a devastating blow to Latina health, and we're hopeful that this important piece of legislation will remedy that."
Yet, the bill's future is uncertain due to the Republican-dominated House. The GOP-led House praised the Supreme Court ruling, and does not see a need to revisit the policy.
If Republicans kill the measure, Democrats and their allies have an issue with which they can slam Republicans ahead of November's midterm elections.
Nevertheless, Inez McGuire said that she is optimistic that the bill will pass. She also emphasized the role Latino constituents play in influencing the legislative process.
"The overwhelming majority of the Latino community, including 89 percent of Latina voters aged 18-34, support contraceptive coverage without co-pays for all women," she said. "We hope that our elected officials will listen to the people they represent, and vote according to their wishes. In this case, that would be to restore access to contraceptives without co-pay by removing employers' interference."
In addition, the Obama administration is considering other options to provide coverage for contraception for thousands of women who will lose coverage due to employers' religious beliefs.
The Obama administration is considering one proposal that would put the burden of contraception insurance on companies' insurers or health plan administrators, with details of reimbursement to be figured out later.
Another method would give the Obama administration a bigger role in offering free coverage to women who cannot get it through their employers, although a government entitlement program is not as viable due to fiscal constraints.
The administration is under so much pressure that the details of how the proposed programs will be administered or financed have not been worked out. However, officials from the administration have said they are determined to provide broad coverage of contraceptives to the largest number of women possible without requiring employers to provide contraception if it is against their beliefs.
The administration is also hoping to implement a new plan in order to acquire more women supporters ahead of the November midterm elections.
Previously, the administration had an arrangement that allowed religious nonprofits to fill out a form that transferred the delivery of the free coverage under the Affordable Care Act to others. However, some religious nonprofits do not want to even sign the opt-out form, as they believe even that is morally wrong.
Inez McGuire told The Latin Post that despite the traditional Catholic beliefs of many Latinos, Latinas aged 18-34 overwhelming support contraception coverage at 89 percent.
The lack of coverage for contraception could prove disastrous in midterm elections for Republicans who supported the Hobby Lobby ruling.
"The overwhelming majority of Latinas, including 90% of married Catholic Latinas, use modern contraceptive methods," Inez McGuire said. "What Latinas don't support is interference from employers and politicians in their personal health care decisions. Time and again we hear from Latinas that these decisions should be made by a woman, based on her own beliefs, her faith, and advice from her provider. This is a basic human right that was effectively denied by the Hobby Lobby ruling."