Nice Try

As a former and future New Yorker, I was thrilled to read about the New York State Court of Appeals' unanimous decision to uphold the Women's Health and Wellness Act, handed down last week. The Act, which requires insurance companies to cover reproductive health services for women and prohibits insurance plans from excluding contraception from their prescription drug coverage, had been challenged in the courts by eight Catholic and two Baptist organizations (for the second time). Are these the same people who complain about judicial activism on reproductive rights and condemn advocacy organizations' undemocractic use of the courts to resolve issues best left to representative legislative processes? Just curious. Regardless, their challenge kind of reminds me of the gentleman's agreement currently passing for a democratic process here in Nicaragua, aimed at outlawing therapeutic abortions - though with a happier ending for those of us who remain quirkily attached to the notion that we live in participatory, equitable democracies grounded in respect for the separation of church and state.

As a former and future New Yorker, I was thrilled to read about the New York State Court of Appeals' unanimous decision to uphold the Women's Health and Wellness Act, handed down last week. The Act, which requires insurance companies to cover reproductive health services for women and prohibits insurance plans from excluding contraception from their prescription drug coverage, had been challenged in the courts by eight Catholic and two Baptist organizations (for the second time). Are these the same people who complain about judicial activism on reproductive rights and condemn advocacy organizations' undemocractic use of the courts to resolve issues best left to representative legislative processes? Just curious. Regardless, their challenge kind of reminds me of the gentleman's agreement currently passing for a democratic process here in Nicaragua, aimed at outlawing therapeutic abortions – though with a happier ending for those of us who remain quirkily attached to the notion that we live in participatory, equitable democracies grounded in respect for the separation of church and state.

Family Planning Advocates of New York State and the ACLU both applauded the Court's decision, drawing attention to the need for gender equity in insurance coverage, and highlighting the fact that insured women pay 68 percent more in out-of-pocket costs than insured men (while simultaneously earning 77 cents to men's dollar, by the way). They also pointed out the Act's respect for religious freedom, noting that it already exempts religious employers whose main purpose is the promotion of a particular faith and who generally employ and serve people who share that faith (churches, mosques, synagogues, etc.). Tragically, none of the plaintiffs met the requirements.

It's amazing news, but lest we forget, New York is but one state. Find out how you can support federal legislation aimed at ensuring equity in prescription insurance and contraceptive coverage (for example, the Equity in Prescription Insurance and Contraceptive Coverage Act and the Unintended Pregnancy Prevention Act) in the Policy Watch section.