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Washington Post: At the Supreme Court, a potential catastrophe for women’s rights

By Sandra Fluke on March 24, 2014


8th-post-featured

Sandra Fluke is a social justice attorney who testified before Congress in 2012 about the importance of contraception coverage in health insurance. She is currently running for the California State Senate. This article was originally published in the Washington Post.

A pair of potentially catastrophic cases will be argued before the Supreme Court on Tuesday. These cases are brought by privately held, for-profit corporations that are arguing their religious convictions should preclude them from offering employees the health insurance required by law. Specifically, these private employers don’t want to allow their employees’ insurance to cover some forms of birth control because, contrary to medical and scientific evidence, they believe some birth control causes abortions.

Corporations are not people. Corporations cannot have religious views. If religious rights are extended to corporations, it puts us on a slippery slope where any private company could argue that religious beliefs prevent it from offering vital employee protections.

Unlike my congressional testimony in 2012, which was about Georgetown University — a Catholic-affiliated university — refusing to include contraception in student insurance because it was a religiously affiliated school, the institutions arguing before the Supreme Court are not houses of worship or religious non-profits. The Affordable Care Act already includes special arrangements for those types of organizations. These are private, for-profit corporations — a craft store and a cabinet manufacturer — that want to be excluded from health insurance and employment laws because of bosses’ personal views.

Laws that include religious protection have never given corporations the right to have religious views, and it would be a terrible idea to make such an enormous change to our legal precedent now. Our laws protect individuals’ private religious beliefs, but when you cross over into the public sphere to become a corporation and make a profit off of the public, you must abide by the public’s laws.

Depending on the court’s rulings, the cases’ outcomes could deny millions of women coverage of any or all forms of birth control, limiting women’s ability to control their reproductive health, plan their pregnancies and manage their lives. As I testified, women also need birth control for many other medical reasons, including relief of painful health problems like endometriosis.

But allowing private employers to excuse themselves from health insurance and employment law could go much further than just contraception and reproductive health services. Allowing any private employer to dictate which laws fit inside its religious beliefs could upset the necessary balance of both religious liberty and employee health and safety laws. Depending on the exact ruling, any for-profit corporation could cut off its employees’ insurance coverage for blood transfusions, vaccinations or HIV treatment — all of which some Americans have religious objections to. Any critical health coverage the boss doesn’t agree with could be eliminated.

Moreover, we cannot pick and choose which religious beliefs should be allowed to overrule laws the rest of the public must follow. Although this country predominantly descends from a Judeo-Christian tradition, our valuable religious protection laws ensure that anyone is free to practice any religion they want, including religions whose belief systems and practices many of us would disagree with vehemently. In fact, far-ranging beliefs that are not associated with any organized religion could be used to justify a corporation’s practices as well. All sets of beliefs should be treated equally, but allowing any belief to override insurance law opens the door to many more extreme beliefs being able to do the same.

We are at risk of giving any person or group with a religious qualm the legal ability to refuse to comply with numerous critical employment laws, not just those related to health insurance. Americans could ultimately lose protections against employment discrimination, guarantees of equal pay and on and on. Religious objections have been raised to these types of laws before, but until now we have maintained the right balance. This country has always valiantly protected the rights of citizens to practice whatever religion they want in their personal lives, but we have also ensured that employees, students, customers and the public are also protected in the public sphere.

Extreme rulings in these cases could directly endanger health-care access for millions of women and put a bedrock constitutional protection at risk. We must fight back and speak out, and hope the Supreme Court rules in favor of the people.

Stand with Sandra


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Endorsements

  • Sandra Fluke is a champion for California women and their families. She bravely spoke up on Capitol Hill in defense of contraceptive coverage and has been a tireless advocate in California on behalf of legislation like last year’s Abortion Access Bill (AB 154, Atkins). She is not only a pro-choice candidate, but part of a new generation of progressive leaders fighting for reproductive justice. In the Senate, Sandra will join a committed pro-choice majority. Endorsing Sandra was an obvious choice, because we know that she will be a champion and leader for reproductive rights in Sacramento. We’re so excited to help her get there.

    -Amy Everitt, State Director, NARAL Pro-Choice California

  • She is one of a fresh, new generation of feminists, and it is exciting to see her take this step in her political career. I know Sandra will fight in Sacramento for progressive values and change to better the lives of everyone in her district. I look forward to supporting her campaign from now until Election Day!

    -Gloria Steinem

  • Although I would have loved to have her as a colleague in Congress, the people of the 26th Senate District will be lucky to have Sandra fighting for them. Sandra will be able to create the progressive change in Sacramento that unfortunately Congress is unable to achieve in this political climate. This is a great first step for Sandra’s political career and I wholeheartedly endorse her for State Senate.

    -Congresswoman Janice Hahn

  • I am thrilled to endorse Sandra’s bid for State Senate. She is a true progressive leader who has already worked to pass important legislation here in California. As chair of the Education Committee, I know the importance of early childhood education, one of many issues Sandra has championed. Her future constituents will be lucky to have her be their voice in Sacramento.

    -Carol Liu

  • I’ve had the privilege of working with Sandra Fluke several times. I’m impressed with her expertise and eloquence. She is just the kind of advocate with a fresh perspective that we need in Sacramento. I’m confident Sandra will stand up for what is right to protect reproductive freedom, and she’ll be a strong voice as a leader from within a new generation of progressives. I’m proud to support her for election to the California Senate.

    -Sarah Weddington, Attorney who argued the Roe v. Wade case

  • I am pleased and delighted to endorse Sandra for the State Senate. Sandra and I have worked together on legislation to advance issues of gender equality and reproductive justice and as Vice Chair of the Legislative Women’s Caucus, I am proud to offer her my support.

    -State Senator Hannah-Beth Jackson

  • I am proud to stand with Sandra Fluke in her bid for California State Senate. Sandra is a strong, hardworking, and dedicated individual with an impressive passion for public service. She is a strong role model and is the right choice to fight for equality and progress in Sacramento.

    -Jennifer Siebel Newsom

  • I am proud to stand with Sandra Fluke in her bid to serve in the California State Senate. Sandra has long been a fearless advocate for women’s rights especially those of women veterans. I am confident that she will, with unwavering courage and endless commitment, continue to serve all who have served our country.

    -Kristen Kavanaugh, Chair, CDP Veterans’ Caucus, Committee on Women Veterans

  • During my 2012 campaign, Sandra came to Rochester and stood with me. I got to know her and I was deeply impressed with her willingness to fight for what she believed in. She remains a champion for women’s health, and has spoken out this year in support of equal pay and access to contraception. She also speaks out for issues that don’t get as much coverage: human trafficking, skyrocketing student loan debt and workers’ rights. I’m proud to support Sandra’s run for State Senate.

    -U.S. Representative Louise Slaughter (NY-25), Ranking Member on the House Rules Committee

  • Sandra Fluke is a fighter, and I know she will make a real difference in the lives of her constituents. Sandra is an incredibly effective champion for the issues that matter to Angelenos. I’m impressed by the work she’s done for victims of human trafficking and domestic violence, as well as her legislative advocacy for worker protections and access to education. I’m proud to endorse Sandra Fluke for State Senate.

    -Honorable Joy Picus, Former Los Angeles City Councilmember

  • I’m proud to endorse Sandra Fluke for State Senate. From our water crisis, to fracking, to the region’s significant transportation challenges – we need an environmental champion in the State Senate fighting every day to protect our communities, and Sandra is that champion. Sandra is a pragmatic and experienced leader who will be a strong advocate for the environment.

    -Nancy Sutley, Former Chair, White House Council on Environmental Quality

  • As a veteran and survivor of sexual assault in the military, I have learned that real strength is the courage to stand up in the face of adversity regardless of how tall the challenge may seem. I support Sandra Fluke because she has the strength and dedication required to represent women and veterans and will ensure that veteran issues are a top priority when she goes to Sacramento.

    -Kate Weber, Mom, Veteran, Advocate, Survivor. 2013 Veteran of the year by the California Democratic Party and Woman Veteran Leader of the Year by Cal Vet

  • In 2012 when I was running for Congress, Sandra came and stood with me. I got to know her as we campaigned together, and I was incredibly impressed by her commitment to California and her willingness to fight for change. Sandra is definitely never one to back down from a challenge! I’m proud to stand with her now and I fully endorse her campaign for State Senate.

    -Congressman Scott Peters

  • I’m endorsing Sandra’s run for California State Senate. She represents a new generation of progressive leadership and she’ll be a fresh voice in government. I’m standing with Sandra and I hope you will, too.​

    -Congressman Joaquin Castro

  • I am so happy to endorse my friend, Sandra Fluke! Sandra has been a strong advocate for social justice and the LGBTQ community. Even before she was known on the national stage, she co-founded a statewide coalition that passed legislation to eliminate discrimination against LGBTQ people in family court, helping protect parents like mine. I know she’ll be a fighter for her constituents and she’ll bring to Sacramento a fresh perspective on progressive issues.

    -Zach Wahls, LGBTQ Rights Activist

  • I strongly admire Sandra’s public service on a number of issues and I am so excited for her to step forward and run for State Senate. Sandra Fluke will be an effective voice for her community and her generation.

    -Christine Pelosi, Chair, Women’s Caucus, California Democratic Party

Paid for by Stand with Sandra Fluke for State Senate 2014 FPPC ID # 1363476
PO Box 931, Agoura Hills, CA 91376

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