This past summer the U.S. Supreme Court ruled in favor of arts and crafts store Hobby Lobby in a controversial landmark decision.
Hobby Lobby argued that it should not be required to provide certain cost free access emergency contraceptives to female employees including two types of “morning after” pills and two types of intrauterine devices.
The Court ruled that the Affordable Care Act’s mandate, requiring closely held corporation employers to provide no cost access to contraception for female employees, violates the 1993 Religious Freedom Restoration Act.
The RFRA aims to prevent laws that limit religious freedom: “Governments should not substantially burden religious exercise without compelling justification.”
Hobby Lobby alongside several other for profit corporations argued that the Affordable Care Act provision and its fines placed on employers who refused to oblige, placed a substantial burden on their religious freedom.
The result was a 5-to-4 ruling. Justice Ruth Ginsberg, of the minority, voiced her disapproval in her dissent.
Ginsberg wrote: “Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)?”
Ginsberg is not alone regarding her concern about the ruling’s scope.
GC Business law Professor Matt Roessing shares Ginsburg’s concern about the ruling’s potential expansion.
“Might a company with Catholic owners now challenge the requirement to provide any type of contraceptives? Such arguments failed in the past, but the Hobby Lobby Court’s interpretation of the RFRA might change that,” Roessing said.
GC’s Women’s Center coordinator Jennifer Graham also feels that the ruling could expand.
“Already additional closely held corporations are coming and filing suits for various things,” Graham said.
“I think it does set a precedent, a corporation as a person opens up a lot of room for corporations to say this is against my and my corporation’s religious beliefs.”
Some GC students found the ruling to be intrusive on women’s rights.
“I believe that it is intrusive upon women in the case that the religion of a single person who happens to own a corporation can have an impact on whether or not a woman can or cannot have access to birth control through their company insurance,” said political science major Jordyn Farrell.
“Why should the religion of that one person be able to affect so many people outside of their own circle?”
Mass communication major Jenna Howard was also troubled by the ruling’s implication for women’s rights.
“Women use birth control for a range of medical reasons and by shutting this door, the Supreme Court has opened a window for corporations to throw other women’s rights straight out of,” said Howard.
Political science major Brittan Edwards felt differently.
“I personally do not feel as though my rights have been intruded upon. I have the freedom to quit a job if I do not like the benefits,” said Edwards.
“Additionally, of the 20 required contraceptives, Hobby Lobby provided 16. It objected to the ones that were most controversial in their nature. Women still possess the right to obtain contraceptives, abortions and sterility procedures.”
Roessing emphasized that time will tell how intrusive the ruling is on women’s rights.
“We’ll have to wait and see. A lot of it will depend on whether Alito or Ginsberg was correct on how broadly the ruling will be applied,” Roessing said.
Meanwhile Graham advocates civic engagement.
“I think for individuals for whom women’s rights are a concern, especially in regard to contraceptives and birth control, it’s a really important time to pay attention to courts and legislatures and to contact your state legislature,” said Graham.
“Let them know your thoughts and opinions.”