Q&A on court’s contraceptive decision

WASHINGTON — Half-truths and spin from both political parties have quickly come to dominate the debate over the Supreme Court decision on religious exemptions to the rule on insurance plans covering contraceptives.

Both sides want to use the decision to motivate key blocs of voters in close midterm races this fall — religious conservatives for the Republicans, unmarried women for the Democrats. In that battle, accuracy about legal issues takes a back seat.

Herewith, an effort to sort out some often-repeated claims:

Question: Doesn’t the decision apply to only a few forms of contraception?

Answer: No. As with most political claims, this one, which has become a favorite talking point for conservatives, starts with a nugget of truth and rapidly moves beyond it. The accurate part is that the families who brought the cases to the high court, one of which owns the Hobby Lobby chain of stores and another that owns a woodworking business called Conestoga Wood Specialties, object to four contraceptive methods. They believe those four, intrauterine devices and so-called morning-after pills, cause abortions by preventing a fertilized egg from implanting in the uterus.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

But nothing in the court’s opinion limits the ruling to those methods. Another company could assert a religious objection to five or six or to all types of birth control. Those claims would be just as valid.

“It is not for us to say” that a litigant’s “religious beliefs are mistaken or insubstantial,” Justice Samuel Alito wrote for the court’s majority.

Q: Aren’t the plaintiffs wrong to believe that IUDs and morning-after pills are abortifacients?

A: That argument, raised by opponents of the ruling, involves a disputed point. Legally, however, it makes no difference.

Most experts say that the methods in question usually work by preventing fertilization, not by keeping a fertilized embryo from implanting. But “usually” doesn’t rule out the possibility that the devices might sometimes prevent implantation.

In any case, what matters for the court’s decision is that the people raising the objection have a “sincere” religious belief, not that the belief is scientifically proved.

Q: How can the Supreme Court say that corporations are “persons” with rights?

A: On the left, the idea that “corporations are people,” as Mitt Romney once put it, generates outrage, but it’s hardly new, nor controversial in other applications.

Take a news organization, for example. Like most, it’s a corporation, but few people would argue that its corporate status prevents it from being covered by the First Amendment. Similarly, even though many medical offices and most hospitals are organized as corporations, police need a warrant before searching medical files because the Fourth Amendment protects corporations just like individuals.

What was new in this case was the question of whether for-profit corporations can assert rights under a 1993 federal law called the Religious Freedom Restoration Act. The five justices in the majority said yes. Two justices, Ruth Bader Ginsburg and Sonia Sotomayor, said no. Two others, Justices Stephen Breyer and Elena Kagan, didn’t take a position because they felt it wasn’t necessary to address it.

Q: Doesn’t the ruling apply only to “closely held,” family-owned companies?

A: No. Hobby Lobby and Conestoga are closely held companies. But the court’s opinion applies to all corporations.

Q: Will the decision deprive tens of thousands of women of coverage for birth control?

A: Probably not. A key point for the justice with the swing vote in the case, Anthony Kennedy, was that the Obama administration already has an alternative way to provide insurance coverage to some women whose employers object to paying for birth control. That alternative should be extended to employees of companies such as Hobby Lobby, Kennedy said.

Under the alternative plan, which currently covers religiously affiliated nonprofit employers such as charities and schools, the employer certifies that it objects to paying for some or all birth control devices. At that point, the company’s insurer steps in and provides the same coverage free of charge.

Q: Won’t the ruling allow religious claims for exemption from all sorts of laws?

A: Yes, but many of them won’t win. The court’s ruling will allow more companies to get their day in court to assert religious claims for opting out of other laws they don’t like. That will mean a lot of lawsuits.

But the ruling doesn’t say religion holds a trump card that always wins. Instead, it says that courts need to weigh how much of a burden a particular law imposes on religious belief against the government’s need to achieve the law’s goals. In this case, the majority said that the balance tilted in favor of the religious objectors, in part because the government, as Kennedy wrote, had another way to achieve its goal. Often, that may not be the case.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

Stolen car crashes into Everett Mexican restaurant

Contrary to social media rumors, unmarked police units had nothing to do with a raid by ICE agents.

Providence Regional Medical Center Everett. (Olivia Vanni/The Herald)
Providence Everett issues layoff notices to over 100 nursing assistants

The layoffs are part of a larger restructuring by Providence, affecting 600 positions across seven states, Providence announced Thursday.

Junelle Lewis, right, daughter Tamara Grigsby and son Jayden Hill sing “Lift Every Voice and Sing” during Monroe’s Juneteenth celebration on Saturday, June 18, 2022. (Olivia Vanni / The Herald)
Where to celebrate Juneteenth in Snohomish County this year

Celebrations last from Saturday to Thursday, and span Lynnwood, Edmonds, Monroe and Mountlake Terrace.

Logo for news use featuring the municipality of Lake Stevens in Snohomish County, Washington. 220118
Judge rules in favor of sewer district in Lake Stevens dispute

The city cannot assume the district earlier than agreed to in 2005, a Snohomish County Superior Court judge ruled Tuesday.

Herald staff photo by Michael O'Leary 070807
DREAMLINER - The first Boeing 787 is swarmed by the crowd attending the roll out of the plane in on July 8, 2007 at the Boeing assembly facility in Everett.
Plane in Air India crash tragedy was built in Everett

The Boeing 787 Dreamliner in the crash that killed more than 200 people was shipped from Everett to Air India in 2014.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.