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The Guardian: What Sandra Fluke knows about Hobby Lobby, a case beyond 'religious liberty'

By Kurt Gonska on March 24, 2014


8th-post-featured

By Jill Filipovic, originally published in the Guardian

The questions sound absurd: is a for-profit corporation a person with religious beliefs? Should the religious beliefs of your employer dictate what kind of medical care you get? 

Yet these are the questions before the Supreme Court this week, and given where some of the justices stand – that a corporation is a person (see: Citizens United), that a woman's reproductive choices are up for debate (see: the "partial-birth" abortion ruling) – there may be many more absurdities across America after Tuesday’s oral arguments on Obamacare’s contraception mandate.

 

There’s a real chance that the court could buy the most absurd argument of all: that a company, owned by a person who believes that some forms of contraception are morally wrong, can refuse to comply with federal law – and can refuse to provide comprehensive insurance coverage to employees. If the justices side with Hobby Lobby and Conestoga Wood – a chain craft store and a furniture maker, both owned by men who oppose some forms of birth control – then you can prepare for a chain reaction of discrimination.

Those of us who care about women’s equality, workers’ rights and legal protections for minority groups – there are a lot of us – are nervous. So I called up Sandra Fluke, the reproductive justice activist who is now running for state legislature in California, for a preview.

“Not only does this case potentially undermine the protections for affordable insurance coverage for contraception, but it could undermine a whole host of protections against discrimination – race, sexual orientation, gender,” Fluke told me late last week. “We’ve seen people step forward and say it: ‘I shouldn’t have to pay men and women equal wages because of my religion. I shouldn’t have to serve LGBT folks.’”

This week’s cases are about contraception. But as Fluke points out, the issues will go far beyond corporate personhood, insurance requirements and the healthcare law – no small topics of debate themselves. The justices are now prepared to set in stone the it’s-my-religion defense of wholesale discrimination, the groundwork for which has been set across the conservative spectrum for years.

“Right-wing groups pushing religious liberty at the expense of women’s health,” Fluke says, “use what should be a shield for one person’s individual personal beliefs – and a legal protection of those beliefs – to try to turn that into a sword to impose those values more broadly and undermine other peoples’ ability to make their own medical choices.”

Freedom of religion is carved into the Constitution, and the Affordable Care Act allows churches and other houses of worship a kind of out from the contraception mandate. What happens if that loophole gets undermined by for-profit companies? What happens if the Supreme Court opens up the law of the land to outright bigotry disguised as “freedom”?

We saw hints last month in the laboratories of democracy, where statehouse politicians introduced bills that claimed to protect religious liberty by allowing wide discrimination against gay, lesbian, bisexual and transgender people. In Kansas, a failed bill would have allowed owners of hotels, restaurants and other entities to refuse to serve or accommodate gay people. And we don’t have to talk about Arizona again, do we?

Some powerful religious people also believe that women should be in charge of the home and shouldn’t work for pay. Do we really want to open the door to the wholesale refusal to hire women – or the right to pay them less?

Religious beliefs around medicine vary widely, too: if a person believes HIV is God’s punishment or that HIV doesn’t cause Aids, should she have the right to refuse to buy insurance that covers HIV for her employees? If a company is owned by Jehovah’s Witnesses, does it not have to cover blood transfusions? If it’s owned by a Scientologist, can it exclude insurance coverage for mental health care?

Oh, and Hobby Lobby and Conestoga Woods have identified a handful of contraceptive methods that they say kill fertilized eggs. That’s probably not true, according to scientists. But the veracity of beliefs don’t matter very much at the Supreme Court – just that religious individuals sincerely hold them.

The same conservative hostility to women that underlies the contraception mandate cases rained down on Fluke when she testified before Congress about contraception access. For her efforts, Rush Limbaugh called her a slut two years ago. Her name remains attached to anti-Obamacare talking points – Sandra Fluke wants you to pay for her birth control is standard conservative blog fodder to this day.

Those attacks put Fluke on the map as a young advocate, and now on the road to office in those very same laboratories of democracy. From that vantage point, she's heard from women all over the country who see how cases like Hobby Lobby are taking us backward.

“A lot of folks have said that they’re surprised we’re still fighting about this,” Fluke tells me. “They’re surprised that we’re still fighting battles they thought we had won.”

While Fluke says she’s less surprised at the ongoing birth-control battles, her position as an inadvertent contraception ambassador has made her realize just how fringe the anti-contraception arguments actually are – even if those making them are particularly loud, and even if the fringe ends up becoming a legal reality.

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  • 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

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