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Planned Parenthood Needs to Chillax About Hobby Lobby

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As soon as the Supreme Court reached its decision in Hobby Lobby vs. The Crushing Ennui That Accompanies Spending Time At Hobby Lobby, Planned Parenthood released this image on their Facebook page:

 

Your boss can decide if you have access to birth control coverage! Now as far as we know, Planned Parenthood has some sort of expertise when it comes to birth control, so if they say this is the case, it must actually be the case, right?

Of course not. It's a knee-jerk reaction to a hot-button issue, which basically tells you right away that it's completely wrong and without any basis in fact or reasoning. In fact, Planned Parenthood doesn't seem to have gotten as far as the first paragraph of the majority opinion.

We must decide in these cases whether the Religious Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488,42 U. S. C. §2000bb et seq., permits the United States Department of Health and Human Services (HHS) to demand that three closely held corporations provide health-insurance coverage for methods of contraception that violate the sincerely held religious beliefs of the companies’ owners. We hold that the regulations that impose this obligation violate RFRA, which prohibits the Federal Government from taking any action that substantially burdens the exercise of religion unless that action constitutes the least restrictive means of serving a compelling government interest.

And then a little further into the opinion:

For all these reasons, we hold that a federal regulation’s restriction on the activities of a for-profit closely held corporation must comply with RFRA.

Emphasis added. But only kinda added. The bold was added, but the court keeps saying "closely held" over and over again, making it very clear that the opinion applies only to closely held corporations.

Might it be a precedent that will allow the decision to later apply to all corporations, slippery slope style? Probably not. It makes some sense (to some people, we can think of at least 5) that a closely held corporation could have a sincerely held religious belief. It makes absolutely no sense to say that a widely held corporation can have the same sort of belief. If the decision will apply anywhere else, it's most likely going to extend to sole-proprietorships, and maybe some partnerships.

So, can "your boss" decide if you can have birth control coverage?

Probably not. If you work for Hobby Lobby they can make some decisions, but most employers will still have to provide it.

 

But wait, there's still more wrong with the Planned Parenthood message!

Even Hobby Lobby can't decide if you can have access to birth control coverage. What Hobby Lobby can decide is if Hobby Lobby is going to provide it. That's not the end of the access question because there's thing you may have heard about in the news called THE OBAMACARE. Or you know, the health care exchange marketplace communism Obamacare. If you work for a Hobby Lobby and want birth control to be covered, you can just buy a different plan on an exchange.

But buying it on the exchange could be cost-prohibitive. The exchanges work by giving people discounts, but you don't qualify for a discount if you're already getting coverage from work. Hobby Lobby isn't exactly paying upper-middle class wages. By not getting it from their employer, aren't employees effectively cost-prohibited from obtaining birth control?

Excellent question! Let's see what the government has to say about it:

Whether you qualify for lower costs based on your income will depend on the coverage the employer offers. You won't be able to get lower costs if your job-based coverage is considered affordable and meets minimum value.

Meets the minimum value. We suspect it'll be about two more minutes before some interpretive guidance comes down saying that plans without birth control aren't minimally acceptable and that if you have such a plan you will quality for lower costs. Just a guess, but we think it's a pretty damn good one.

 

But wait, there's still more!

Not my boss's business.

Your reproductive health decisions are you own business, not your boss's. And that's exactly the position Hobby Lobby has taken. You want birth control? Not their business. By demanding that employers provide it, they're making it quite literally their boss's business.


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