The personal is political: Women’s health choices VS religious freedom?

English: One of the symbols of German Women's ...

Women’s health issues are controversial. In recent years, conservative politicians and religious leaders have been leading a push to make health services for women harder and harder to obtain. For instance Rick Santorum has advocated that states should have the right to ban birth control. Now, as adamantly pro-choice as I am, I can see why some people might be squeamish about abortion. It took me a lot of reading and listening to women’s stories, as well as a few hours volunteering in the chaos outside the Louisville abortion clinic on Saturday mornings to come to my stance. However, I seriously cannot understand how anyone could possibly also be in favor of restricting women’s access to birth control. Unless, of course, their ultimate aim is to take away from women the ability to control if they will have babies, or when, or how many. And if a woman can’t control her fertility, how can she have control of her life?

Recently, the Obama administration has mandated that employers cover birth control in their insurance policies, and the conservatives are having a fit.

Under President Barack Obama’s health care overhaul law, most employers and insurance plans will have to cover birth control free of charge as preventive care for women. Churches and houses of worship do not have to follow that requirement, but administration officials recently announced that many religious-affiliated institutions such as hospitals, colleges and charities must comply after a year’s phase-in period.

The wave of protest that followed has clearly taken the White House by surprise. Catholic and Protestant evangelical leaders criticized the decision as infringing on freedom of religion. Some religious liberals have called it politically risky for Obama in a close election year.

Now let’s be clear about this, there is still an exception for churches and other “houses of worship”, which generally hire people who are in agreement with their creeds and beliefs anyway. But to mandate that a nurse working for a Catholic hospital should be able to have birth control covered by insurance? This is a restriction on freedom of religion? What about freedom for these women to have access to the health care they need? This is the sort of thing that reaches into me and pulls out all the frustration and anger I have ever held towards religion! Why can’t they just let people make their own decisions about what services their health insurance should cover?

It is probably not news to anyone by now that the conservatives have been trying to shut down Planned Parenthood. Nevermind that federal funds do not, by law, go into funding abortion care. Or that the vast majority of services that Planned Parenthood provides are such controversial things as pap smears, cancer screenings, STI diagnosis and treatment. Oh yea, contraception too, which I believe counts as preventative care. Having been raised getting my information on PP mainly from Focus on the Family, even I was shocked to find out just last year that only about 3% of PP’s services have anything to do with abortion. Planned Parenthood is the sole provider of a multitude of health care services for so many American women, especially those without health insurance.

But here is the take of Scott Walker, who attempted to shut down Planned Parenthood in Wisconsin. (SLIGHT CORRECTION: This is a Forbes article paraphrase of Scott Walker’s position.)

No doubt, the women who will be denied access in the four counties where no such screening will be available, can comfort themselves in the knowledge that, while they may die of breast or cervical cancer, at least they won’t have to expose themselves to some perceived controversy over the local Planned Parenthood treatment facility.

That is just mind-boggling.

And then there is the whole debacle with Susan G. Komen. Why would an organization dedicated to fighting breast cancer retract funding and support for an organization that does a lot of breast cancer screenings for underserved women? Lately they have retracted that decision under tremendous backlash but one has to wonder what were they thinking?

When in the world did it become a religious right to deny health care to employees? And what is it with the conservative politicians lately? Do they envisioning a future where women must stay at home to care for a gaggle of children, imprisoned by biology, while the (wealthiest) men get to hold all the political and economic power? How is it that such personal, private choices are so political?

When “religious rights” conflict with other’s rights

Last week I engaged in a discussion about Christian rights in America with The Warrioress at life of a female bible warrioress. She provided some examples that she believes proves that Christian rights are being eroded in America, though I disagree with her in several places. If you have not been following the blog posts you can read up more about it here: “Are Christians Losing Rights in America” Part 2.

The topic of religious rights and civil rights in general is very interesting to me, and I have done a bit of Googling to find recent examples where Christians have claimed that their religious rights have been violated. I have compiled a list of such examples, and I am seeing a theme.

For my first example: Town Clerk refuses to sign marriage licenses for lesbian couple.

LEDYARD, N.Y. — Rose Marie Belforti is a 57-year-old cheese maker, the elected town clerk in this sprawling Finger Lakes farming community and a self-described Bible-believing Christian. She believes that God has condemned homosexuality as a sin, so she does not want to sign same-sex marriage licenses; instead, she has arranged for a deputy to issue all marriage licenses by appointment.

Gay marriage has been legalized in New York. Since when have clerks had the right to pass their judgement on citizen’s marriages and decide that they will refuse to personally sign their certificate? Would she expect to get a pass if the citizens seeking a license were previously divorced, and it was against her religious beliefs for divorcees to get remarried? Somehow, I doubt it.

Here is my second example: Christian clerk in Macy’s discriminates against transgender woman

The store clerk, Natalie Johnson, is claiming a religious right to discriminate and suing Macy’s for religious discrimination. She is not claiming a right to discriminate against trans people just because they are transgender. No, she is making a very specific point of wrapping her prejudice in religion. Fine. Let’s take her position at face value and look at it.

There are only two approaches I can see to making such an argument: 1) that certain people have more rights to do whatever they want than others, or 2) that rights to engage in certain kinds discrimination supersede any rights of protection from that same discrimination. In the first approach, the only way this sales clerk can make her case is to deny the humanity and equal citizenship status of the transgender person she insists on treating unequally. That doesn’t fly. She has no special, superior citizenship rights because she professes Christianity. Changing one’s sex does not (at least legally) make one a second-class citizen and reduce one to having fewer rights and protections than others. It is reasonable to view both parties as equals in terms of rights and protections.

As the author of this piece notes, the transgender woman in this case has full rights as a citizen, and no one’s religious rights give them the right to treat her as a second class citizen. That includes the right to use to fitting rooms at a department store. And, fortunately, Macy’s agrees.

Christians have also claimed the rights to interfere with other’s medical decisions under the guise of “Conscience” laws. For a brief background and description of “conscience clause” laws, first check the article from USA Today: Conscience clauses not just about abortion anymore. Then, with that in mind, check out this story from early 2011 where a pharmacist used the conscience clause to refuse an emergency order from Planned Parenthood for medication to stop bleeding: Planned Parenthood files complaint against Nampa pharmacist.

Planned Parenthood officials said the complaint states that the pharmacist inquired if the patient needed the drug for post-abortion care. The nurse refused to answer the question based on confidentiality of health information.

According to Planned Parenthood, the pharmacist then stated that if the nurse practitioner did not disclose that information, she would not fill the prescription. The nurse alleged that the pharmacist hung up when asked for a referral to another pharmacy that would fill the prescription.

So, if the woman had an abortion, she should be left at risk of bleeding to death? Or even if she had had a miscarriage, since that was confidential information that the pharmacist has no need to know? When does someone’s religious rights (since this this is at heart what the “conscience clause” is there to protect) allow them to to withhold medication or medical aid to save a person’s life?

Here is the theme I see: Christians are sometimes put in a position of providing a service to people that they believe don’t have a legitimate right to the service they request. In these cases, the requirements of their jobs conflict with what they personally believe God wants them to do. The woman requesting birth control pills can be turned away if the pharmacist doesn’t believe in it. Her right to control her fertility is taken away if the pharmacist doesn’t believe in contraception. Or even more urgently, the woman who has been raped can be turned away when she requests Plan B emergency contraception, because of the moral beliefs of such a pharmacist. A city clerk can put inconveniences in the way of a lesbian couple getting married, because she doesn’t really believe they have the right to do so.

Can a citizen be legitimately deprived of their rights to made decisions for their own life by another person due to of that person’s religious belief? I think not. And is requiring a pharmacist to dispense prescribed birth control pills, or a town clerk to sign the marriage license for a perfectly legal couple mean taking away their constitutionally guaranteed rights to believe as they choose and worship or not as they choose without interference? I hate to say it, but if your religion forbids you to do your job, you should find another line of work.

For another perspective, can a Muslim man who does not believe woman should be allowed to drive be allowed to refuse to rent a car to a woman in the United States? See: Allowing women drivers in Saudi Arabia will be ‘end of virginity’ Would it not be the same thing?

In short, your right to belief ends where my right to autonomy begins.

For further reading, see the links below.

Town Clerk refuses to sign marriage licenses for lesbian couple

http://www.nytimes.com/2011/09/28/nyregion/rights-clash-as-town-clerk-rejects-her-role-in-gay-marriages.html?_r=2

http://www.truthwinsout.org/pressreleases/2011/12/20852/

Christian clerk in Macy’s discriminates against transgender woman

http://www.huffingtonpost.com/erica-keppler/religious-discrimination-macys-transgender-woman_b_1137472.html

http://www.huffingtonpost.com/2011/12/07/macys-employee-fired-transgender_n_1133831.html

http://abcnews.go.com/Business/video/macys-fires-worker-transgender-discrimination-dressing-room-flap-15115740

http://jezebel.com/5866187/employee-fired-for-harassing-transgender-customer-accuses-macys-of-religious-discrimination

Pharmacist “Conscious Clause”

http://news.bbc.co.uk/2/hi/americas/4425603.stm (Pharmacists ‘denying birth control’)

http://www.usatoday.com/news/religion/2009-10-24-conscience-doctors_N.htm

http://secular.org/blogs/lauren-anderson-youngblood/forcing-your-beliefs-others-not-religious-freedom

http://www.care2.com/causes/when-conscious-clauses-can-kill.html

http://www.idahopress.com/news/article_528847ac-1e9f-11e0-8247-001cc4c03286.html

Louisville KY University Hospital Merger with Catholic system limits patient’s choices, especially regarding reproductive choices.

http://www.courier-journal.com/article/20110718/BUSINESS/307180002/Hospital-merger-limits-medical-options-Catholic-rules-will-bar-tubal-ligations-University-hospital

http://www.whas11.com/home/132013243.html

Pew Research Center: Rights of Conscience vs Civil Rights

http://pewresearch.org/pubs/1612/legal-conflict-between-religious-beliefs-and-antidiscrimination-protections-in-health-care

The Bible and Gender Equality

http://www.stopthereligiousright.org/suffrage.htm

EDIT (I thought to add these after a discussion on a previous thread): If you think it is ok to have a religious recital at public schools, you should watch these videos regarding the Smalkowski case. I cannot help but see it as the height of religious privilege, indeed Christian privilege, to think that it is ok to have a bit of religious ritual in a public school when it divides up the students in this way. There is prejudice against atheists in a lot of places, and it is not nice to be outed as the only atheist in school in a small conservative town.

Kicked out of school for refusing to join prayer circle:

The Price of Atheism (ABC 20/20 Interview with Nicole Smalkowski)
Pay attention around 3:14 and especially at 7:20 on.