birth control

  • April 19, 2013
    Guest Post

    by Allison Guttu*

    On April 5, U.S. federal judge in Tummino et al. v. Hamburg ordered that the Morning-After Pill be made available "without a prescription and without point-of-sale or age restrictions within thirty days."

    Until the court’s ruling, emergency contraception was only available without a prescription for women 17 and up, forcing all women to be “carded” to buy it. Now, the Morning-After Pill or “Plan B” can be stocked on any shelf in any store, next to condoms, aspirin, or shampoo. No prescription or identification will be needed to buy it.

    The Morning-After Pill prevents pregnancy up to 5 days after sex; but is most effective within the first 24 hours. It is not RU-486, which induces an abortion. If you are pregnant, it will not work. But, having this form of birth control at our fingertips will give women enormous freedom--if we don’t want to have a child, we won’t have to.

    When women can’t control how many children we have, it impacts us as a group, not just individually. Not being able to control the course of our lives has deep implications for women. It means we have less leverage, whether in the workplace, with partners, in our families, or in our public lives. No birth control method is foolproof. Sometimes our partners resist using condoms, condoms break, and sometimes we forget to take the pill. Less frequently we are "swept away" by the moment, but should that mean that we have to bear a child? The Morning-After Pill is one more way for us to prevent unwanted pregnancies.

    For over a decade, grassroots feminists with National Women’s Liberation (NWL) -- including lead plaintiff Annie Tummino -- have been waging the most important fight in decades to expand access to birth control in the United States: making the Morning-After Pill available over-the-counter without any restrictions.

  • January 22, 2013
    Guest Post

    by Sarah Lipton-Lubet, Policy Counsel, ACLU Washington Legislative Office

    It’s been 40 years since the Supreme Court protected a woman’s right to make a decision about whether to have an abortion, and some are still trying to take that right away. In the world of abortion politics that’s dismaying -- but certainly not shocking news.

    It’s been longer still since the Court first protected the right to contraception in Griswold v. Connecticut in 1965. And while many of us in the reproductive rights movement have long known that our opposition is keen to limit access to birth control as well, that largely came as news to the public. Watching in disbelief, many turned to activism as the availability of affordable contraception was attacked time and again this last year. Indeed, recently national attention has been laser-focused on birth control -- whether women should have insurance coverage for it, and what to do about the objections of employers who want nothing to do with it.

    The federal contraceptive coverage rule -- one of the greatest advances in women’s health policy in decades -- guarantees insurance coverage of birth control, with an exception for houses of worship. Right off the bat a small but vocal opposition came out swinging, arguing that the rule is an unparalleled violation of religious liberty. These groups did not only want a sweeping set of loopholes, they pushed -- and are still pushing -- for the rule to be dismantled altogether, so that no woman would have its benefits, no matter where she works.

  • May 22, 2012

    by Jeremy Leaming

    University of Notre Dame’s religious leader the Rev. John Jenkins claims the string of federal lawsuits challenging the Obama administration’s health care policy on birth control is all about protecting religious freedom. But in reality the lawsuits are on wobbly legal ground, and Jenkins’ assertion about protecting a cherished First Amendment freedom is tired.    

    Like a federal lawsuit lodged earlier this year on behalf of Ave Maria University, a Catholic institution in Florida, the new lawsuits argue that a portion of the health care reform law requiring insurance companies to provide birth control to employees, including ones at religious institutions, is a serious affront to the religious institutions’ free exercise of religion rights.

    The Affordable Care Act, however, does not single out religious entities for unheard of treatment. Instead it is a law of general applicability, meaning it covers secular and religious institutions. There are all kinds of laws of general applicability, which may offend religious beliefs, but do not amount to a violation of the free exercise of religion.

    Nonetheless, the religious groups are apparently counting on judicial activism from some of 12 federal courts where their lawsuits have been lodged. In a press release about his school’s lawsuit, Jenkins stuck to the religious liberty canard, saying it “is about the freedom of religious organizations to live its mission ….”

    Irin Carmon, reporting for Salon on the religious groups’ legal actions, agrees with Angela Bonavoglia’s assertion that “this struggle is part of a larger crackdown by conservative hierarchy against liberal elements within it – chiefly, women, including nuns.”

    Others such as the public interest group Americans United for Separation of Church and State say the Catholic organizations are looking to the courts to help them revive faltering church doctrine.

  • March 6, 2012

    by Jeremy Leaming

    While some states work to advance equality, Maryland and Washington for instance recently enacted laws legalizing same-sex marriage, other state lawmakers unfortunately fritter away official time, frequently either infuriating constituents or reminding them of just how useless some of their actions can be.

    For example, Missouri’s House Speaker Steven Tilley, as MSNBC notes, is working to induct the right-wing leader Rush Limbaugh into the state’s “Hall of Famous Missourians.” As MSNBC notes inductees are appointed by the House Speaker “and the bronze busts are paid for by the Speaker’s Annual Golf Classic” and then showcased in the capitol.

    Limbaugh, from Cape Girardeau, has added to conservative backed efforts to make life tougher on women. National lawmakers, backed by Catholic bishops and right-wing activists, such as Limbaugh, continue to fight health care policy that will require insurance companies to provide contraceptives to employees of religiously affiliated institutions, such as colleges and universities.

    When Sandra Fluke, a Georgetown University law student, publicly supported the Obama administration’s health care policy of ensuring that workers at religious affiliated institutions receive adequate health care, Limbaugh went over-the-top, obviously not an easy feat for the radio host. Limbaugh took to the airwaves to spew invective against, Fluke, which prompted President Obama to call the law student praising her courage to speak out on behalf of health care policy, which riles a large swath of the nation’s conservatives.

    But Tilley, a Republican, appears unconcerned about the timing of his action. The Kansas City Star reports that Tilley is moving forward with honoring Limbaugh. “It’s not the ‘Hall of Universally Loved Missourians. It’s the Hall of Famous Missourians,” he told the newspaper.

    The newspaper notes that Progress Missouri is urging Missourians to join it in calling for Tilley to reverse his decision. The group’s website includes a call to action: “A Rush Limbaugh Statue in the Missouri Capitol? No. Freaking. Way.”    

  • February 23, 2012

    by Jeremy Leaming

    Social conservatives, led, in part, by the United States Conference of Catholic Bishops, continuing to grumble about the Obama administration’s health care policy that requires health insurance companies to provide contraceptives to women, even those employed by companies with religious affiliations, are now looking to the federal courts to overturn the policy.

    The Becket Fund, a Religious Right legal outfit, sued the administration in federal court earlier this week arguing that the policy, a part of the Affordable Care Act, violates the religious liberty rights of Ave Maria University in Florida. Ave Maria, a Catholic institution, states that it “pledges faithfulness to the teachings of the Church,” and is “known for its exceptional academics, faithfulness to the magisterium of the Catholic Church ….”

    In a press statement announcing the lawsuit, Jim Towey, the university’s president, and former head of President George W. Bush’s faith-based office, claimed the “federal government has no right to coerce the University into funding contraceptives services that include abortion-inducing drugs and sterilization, in the health plan we offer our employees.”

    Towey further declares that under the administration’s health care policy Ave Maria would be required to pay for contraceptives, and therefore is “prepared to discontinue our health plan and pay the $2,000 per employee, per year fine rather than comply with an unjust, immoral mandate in violation of our rights of conscience.”

    In the same statement, the Becket Fund’s Kyle Duncan asserts that the health care policy forces the religious school to either betray its beliefs or dump employees’ health benefits.