Prof Mark Silk has a column up at Religion News Service called Anti-abortion movement should support contraception mandate.
He says in part :
But Catholics consider abortion a far greater evil than contraception. And most other religious opponents of the mandate think contraception is just fine, at least for married women. So if there’s strong empirical evidence that contraception use reduces abortion, why fight the mandate all the way to the Supreme Court? Isn’t the anti-abortion cause worth a little religious liberty?
First Prof Silk just bypasses the fact that a part of the dispute is that many think a few of the drugs and procedures mandated actually cause a termination of a life. However lets skip that rather glaring omission.
Has Prof Silk been listening to the legal arguments for the HHS contraception mandate recently ? The arguments being an employer has no right to make choices as to private matters involving a woman's reproductive health for instance. That a employee's religious liberty is being interfered with by of the employers religious views. In essence some wish to make a business a state actor.
No matter what you think about the Affordable Care Act , aka Obamacare , there is no doubt that what it did was very novel in many ways as a matter of law . This has implications here.
As Law Prof Josh Blackman recently stated in his post Is Hobby Lobby Imposing its Religious Beliefs on Its Employers?
The legal and political winds of abortion politics are very much in flux. The Pro Life movement correctly understands that if a certain precedent is set in the HHS contraception mandate cases it could very well open up the door to employers having to pay for abortions. That I don't think is an absurd slippery slope argument when we consider many of the LEGAL arguments for the HHS contraception mandate that are being made now.
The real fear the anti abortion movement is what happens after the HHS Contraception mandate. I think its very reasonable the forces of " reproductive justice " will seek both legal and political means to expand this mandate to abortion.
Last but not least Prof Silk ends his piece with this little parting shot.
You’ve got to think that it’s not just the termination of fetal life that concerns those opposed to abortion rights. It’s anything that gives freer rein to women’s libidos. Like Mike Huckabee said.
We shall let pass that Prof Silk is not really giving the Huckabee quote in context.
However it should be noted that the majority of non Catholic plaintiffs in these suits have no problem covering most forms of birth control. In fact Hobby Lobby covered and still has no objection to most forms of FDA approved birth control. The fact is public opinion polls shows a vast number of people have huge reservations about the HHS Contraception mandate. No doubt a vast number of these people and families that have objections have used or currently use birth control.
While Prof Silks parting shot is a great one liner it is not very illuminating of reality.