Since the 1960s, the U.S. Supreme Court has played a major role in establishing, expanding and defending American women’s reproductive rights. From Griswold v. Connecticutto Gonzales v. Carhart, the Court developed a line of jurisprudence that protects women’s rights to contraception, to abortion, and to bear a child.
This term, the Court is considering 2 cases that have the potential to dramatically curtail women’s ability to exercise their reproductive rights, particularly their rights to access abortion and to access contraception. In honor of International Women’s Day, which took place earlier this week, let’s consider what exactly is at stake in Whole Women’s Health v. Hellerstedt and Zubik v. Burwell.
The Affordable Care Act (ACA) requires most private health insurance plans to provide coverage for a range of preventive services, including prescription contraceptives for women. The government created an “accommodation” or opt-out procedure for religiously-affiliated nonprofits, relieving them of any obligation to provide contraceptive care coverage if they submit a form to the government noting their religious objection. The contraceptive care coverage is then paid for and administered by a third party. Several nonprofit organizations have filed lawsuits claiming that including coverage for contraceptives or opting for an accommodation from the federal government violates their religious beliefs.
Both cases highlight the fact that the right to access an abortion and the right to access contraception are meaningless so long as laws that hinder women’s ability to exercise those rights are in effect.
The views reflected in this expert column are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.
Comments are closed.