Commentary Religion

Wheaton College’s Specious Complaints about the Birth Control Benefit and Religious Freedom

Imani Gandy

How much could an institution possibly care about what it views as its right to the exercise of religious freedom when it forgets to exercise it? Wheaton College, an evangelical liberal arts school in Illinois is about to find out.

How much could an institution possibly care about what it views as its right to the exercise of religious freedom when it forgets to exercise it? Wheaton College, an evangelical liberal arts school in Illinois is about to find out.

Wheaton College filed a lawsuit against the Obama administration–like so many other Catholic churches, schools, and companies have done–claiming that the birth control benefit–the policy under the Affordable Care Act which ensures that all insurance policies cover preventive health care services for women, including contraception, without a co-pay–infringes on its religious liberty. According to Wheaton College, the Administration’s policy requiring that all insurance plans offer coverage of contraception without a co-pay is of the devil. Big Government and secular liberals are forcing Wheaton College to participate in the dissemination of slut pills to co-eds, and Wheaton College has decided to be outraged about it. It’s silly.

It’s silly because a requirement that Wheaton College provide contraceptive coverage to its employees is no more an infringement upon religious liberty than a requirement that it provide its employee wages; after all some of those wages might later be used to gamble, buy drugs, drink and drive, or murder kittens, all activities which are decidedly un-Christ-like.

In the case of Wheaton College, however, the silliness has given way to absurdity. Even assuming that the very fiber of Wheaton College’s religious being will be ripped in twain if it provides women contraception access, there’s one problem — Wheaton College already covered contraception in their health insurance plan.

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Oops!

Wheaton’s health plan already covered emergency contraception when the mandate was announced, a spokesperson for its legal team told The Huffington Post, and tried to scramble to get rid of that coverage in order to qualify for the one-year reprieve President Barack Obama put in place for religious institutions that have moral objections to contraception. “In order to be eligible for the safe harbor, the institution has to certify that it has not covered contraceptives after February 10, 2012,” said Emily Hardman, communications director for the Becket Fund for Religious Liberty. Wheaton didn’t qualify because “for a short time after February 10, Wheaton’s policies inadvertently covered emergency contraceptives. Wheaton was in the process of fixing that error in February, but it was not fixed before the cutoff date.”

Apparently, Wheaton College was not able to get its religious act together in time to qualify for the religious exemption, and somehow, that’s all President Obama’s fault:

“Everyone knows Wheaton is a school that lives out its faith,” Duncan said. “But today our government is telling Wheaton it is not ‘religious enough’ to have a conscience, and so can be forced to participate in abortions or face heavy fines. Wheaton has always provided generous employee benefits, but now the government is forcing it to choose between caring for its employees and honoring its faith.”

It is unclear for how long Wheaton College offered coverage of contraception before realizing that they totally didn’t mean to do it. One wonders exactly how much premarital sex Wheaton College paid for before discovering its mistake–after all, providing access to contraception is the same thing as paying for women to have sex, doncha know. For how much spilled seed is Wheaton College responsible? For how many extramarital orgasms? I shudder to think.

Wheaton College has since been scrambling around trying to rectify their screw-up, and apparently the only genius idea that they’ve come up with is to cancel coverage for all of their employees. It’s what Jesus would have done, after all:

“Remember August 1, 2012. Today begins a violation of American conscience like we have never seen before in our country, and Wheaton College personifies it,” said Kyle Duncan, General Counsel for The Becket Fund for Religious Liberty.

“Everyone knows Wheaton is a school that lives out its faith. [Except for when you’re providing free birth control to sluts, you mean. -ed.] But today our government is telling Wheaton it is not ‘religious enough’ to have a conscience, [Wheaton certainly wasn’t ‘religious enough’ to hire someone who would remember that handing out birth control is a open-handed slap in the face to the Lord. -ed.] , and so can be forced to participate in abortions or face heavy fines. Wheaton’s only recourse is to ask the federal courts for emergency relief.” Wheaton does not qualify for the one-year “safe harbor,” which the government offered to certain religious organizations as a temporary reprieve from the HHS mandate. So, in a few short months, Wheaton faces the prospect of over a million dollars per year in fines and other penalties—unless it agrees to violate its core religious beliefs by providing insurance coverage for “emergency contraceptives” that they believe cause abortion. [Emergency contraceptives do not cause abortion, and believing such does not make it true. Also, you’ve been violating your core religious beliefs because of your own incompetence. Quit complaining. -ed.] “Wheaton’s employees are standing with the school but they are afraid,” said Duncan. “Many employees have said that, if Wheaton is forced to terminate insurance coverage, they will not be able to afford health care for their families. [So then don’t terminate insurance coverage. Ta da! – ed.] Wheaton has always provided generous employee benefits, but now the government is forcing it to choose between caring for its employees and honoring its faith. [Caring for your employees means denying benefits to women or denying benefits to all employees. Which definition of “caring” are you using? -ed.] The government should never be able to put anyone in that position.”

Wheaton College, like Notre Dame, and the myriad churches and religious institutions that are complaining about being “forced” to participate in providing birth control to women, are on the wrong side of the argument. They complain about religious liberty while callously ignoring that they are infringing upon the religious liberty of those of us who do not adhere to the same tenets that they do. They gripe about being forced to facilitate sin but the sin is the individual choice to use birth control, a sin being committed by Catholics all across the country. Certainly, institutions like Wheaton College employ people who participate in any number of sinful behaviors. Few would argue that Wheaton College could refuse to pay its employees any wages at all in order to prevent its employees from cashing their paychecks and buying truckloads of birth control pills.

Ultimately, any argument that institutions are being forced to provide something (comprehensive insurance coverage) that an employee could–not will, but could–use to commit some perceived sin unrelated to the purpose for which that employee was hired, and that such existential assistance in the commission of said sin is a grievous violation of religious liberty, is nonsense.

The bottom line is this: Catholic schools, charities, and hospitals are not being treated unfairly here. No one is forcing Wheaton College and other Catholic schools, charities, and hospitals to provide birth control to employees directly, nor is anyone forcing employees to use birth control. They are simply required to do what other employers must now do–offer coverage and leave the rest up to employee choice. And by requiring Catholic schools, charities, and hospitals which serve those of us who aren’t Catholic to play by the same rules as everyone else, the Obama administration is guarding one of this nation’s bedrock principles: the separation of church and state. Arguably, the Obama administration is protecting my right to be a godless heathen. And for that, I’m thankful.

As for Wheaton College, they may continue to play the part of the religious institution wronged by secularist haters, but their actions speak louder than their words. Their complaint that the birth benefit violates their religious freedom or represents an affront to their faith rings hollow. Had they not been voluntarily providing that same benefit all along, I might stop rolling my eyes at them.

Analysis Politics

The 2016 Republican Platform Is Riddled With Conservative Abortion Myths

Ally Boguhn

Anti-choice activists and leaders have embraced the Republican platform, which relies on a series of falsehoods about reproductive health care.

Republicans voted to ratify their 2016 platform this week, codifying what many deem one of the most extreme platforms ever accepted by the party.

“Platforms are traditionally written by and for the party faithful and largely ignored by everyone else,” wrote the New York Times‘ editorial board Monday. “But this year, the Republicans are putting out an agenda that demands notice.”

“It is as though, rather than trying to reconcile Mr. Trump’s heretical views with conservative orthodoxy, the writers of the platform simply opted to go with the most extreme version of every position,” it continued. “Tailored to Mr. Trump’s impulsive bluster, this document lays bare just how much the G.O.P. is driven by a regressive, extremist inner core.”

Tucked away in the 66-page document accepted by Republicans as their official guide to “the Party’s principles and policies” are countless resolutions that seem to back up the Times‘ assertion that the platform is “the most extreme” ever put forth by the party, including: rolling back marriage equalitydeclaring pornography a “public health crisis”; and codifying the Hyde Amendment to permanently block federal funding for abortion.

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Anti-choice activists and leaders have embraced the platform, which the Susan B. Anthony List deemed the “Most Pro-life Platform Ever” in a press release upon the GOP’s Monday vote at the convention. “The Republican platform has always been strong when it comes to protecting unborn children, their mothers, and the conscience rights of pro-life Americans,” said the organization’s president, Marjorie Dannenfelser, in a statement. “The platform ratified today takes that stand from good to great.”  

Operation Rescue, an organization known for its radical tactics and links to violence, similarly declared the platform a “victory,” noting its inclusion of so-called personhood language, which could ban abortion and many forms of contraception. “We are celebrating today on the streets of Cleveland. We got everything we have asked for in the party platform,” said Troy Newman, president of Operation Rescue, in a statement posted to the group’s website.

But what stands out most in the Republicans’ document is the series of falsehoods and myths relied upon to push their conservative agenda. Here are just a few of the most egregious pieces of misinformation about abortion to be found within the pages of the 2016 platform:

Myth #1: Planned Parenthood Profits From Fetal Tissue Donations

Featured in multiple sections of the Republican platform is the tired and repeatedly debunked claim that Planned Parenthood profits from fetal tissue donations. In the subsection on “protecting human life,” the platform says:

We oppose the use of public funds to perform or promote abortion or to fund organizations, like Planned Parenthood, so long as they provide or refer for elective abortions or sell fetal body parts rather than provide healthcare. We urge all states and Congress to make it a crime to acquire, transfer, or sell fetal tissues from elective abortions for research, and we call on Congress to enact a ban on any sale of fetal body parts. In the meantime, we call on Congress to ban the practice of misleading women on so-called fetal harvesting consent forms, a fact revealed by a 2015 investigation. We will not fund or subsidize healthcare that includes abortion coverage.

Later in the document, under a section titled “Preserving Medicare and Medicaid,” the platform again asserts that abortion providers are selling “the body parts of aborted children”—presumably again referring to the controversy surrounding Planned Parenthood:

We respect the states’ authority and flexibility to exclude abortion providers from federal programs such as Medicaid and other healthcare and family planning programs so long as they continue to perform or refer for elective abortions or sell the body parts of aborted children.

The platform appears to reference the widely discredited videos produced by anti-choice organization Center for Medical Progress (CMP) as part of its smear campaign against Planned Parenthood. The videos were deceptively edited, as Rewire has extensively reported. CMP’s leader David Daleiden is currently under federal indictment for tampering with government documents in connection with obtaining the footage. Republicans have nonetheless steadfastly clung to the group’s claims in an effort to block access to reproductive health care.

Since CMP began releasing its videos last year, 13 state and three congressional inquiries into allegations based on the videos have turned up no evidence of wrongdoing on behalf of Planned Parenthood.

Dawn Laguens, executive vice president of Planned Parenthood Action Fund—which has endorsed Hillary Clinton—called the Republicans’ inclusion of CMP’s allegation in their platform “despicable” in a statement to the Huffington Post. “This isn’t just an attack on Planned Parenthood health centers,” said Laguens. “It’s an attack on the millions of patients who rely on Planned Parenthood each year for basic health care. It’s an attack on the brave doctors and nurses who have been facing down violent rhetoric and threats just to provide people with cancer screenings, birth control, and well-woman exams.”

Myth #2: The Supreme Court Struck Down “Commonsense” Laws About “Basic Health and Safety” in Whole Woman’s Health v. Hellerstedt

In the section focusing on the party’s opposition to abortion, the GOP’s platform also reaffirms their commitment to targeted regulation of abortion providers (TRAP) laws. According to the platform:

We salute the many states that now protect women and girls through laws requiring informed consent, parental consent, waiting periods, and clinic regulation. We condemn the Supreme Court’s activist decision in Whole Woman’s Health v. Hellerstedt striking down commonsense Texas laws providing for basic health and safety standards in abortion clinics.

The idea that TRAP laws, such as those struck down by the recent Supreme Court decision in Whole Woman’s Health, are solely for protecting women and keeping them safe is just as common among conservatives as it is false. However, as Rewire explained when Paul Ryan agreed with a nearly identical claim last week about Texas’ clinic regulations, “the provisions of the law in question were not about keeping anybody safe”:

As Justice Stephen Breyer noted in the opinion declaring them unconstitutional, “When directly asked at oral argument whether Texas knew of a single instance in which the new requirement would have helped even one woman obtain better treatment, Texas admitted that there was no evidence in the record of such a case.”

All the provisions actually did, according to Breyer on behalf of the Court majority, was put “a substantial obstacle in the path of women seeking a previability abortion,” and “constitute an undue burden on abortion access.”

Myth #3: 20-Week Abortion Bans Are Justified By “Current Medical Research” Suggesting That Is When a Fetus Can Feel Pain

The platform went on to point to Republicans’ Pain-Capable Unborn Child Protection Act, a piece of anti-choice legislation already passed in several states that, if approved in Congress, would create a federal ban on abortion after 20 weeks based on junk science claiming fetuses can feel pain at that point in pregnancy:

Over a dozen states have passed Pain-Capable Unborn Child Protection Acts prohibiting abortion after twenty weeks, the point at which current medical research shows that unborn babies can feel excruciating pain during abortions, and we call on Congress to enact the federal version.

Major medical groups and experts, however, agree that a fetus has not developed to the point where it can feel pain until the third trimester. According to a 2013 letter from the American Congress of Obstetricians and Gynecologists, “A rigorous 2005 scientific review of evidence published in the Journal of the American Medical Association (JAMA) concluded that fetal perception of pain is unlikely before the third trimester,” which begins around the 28th week of pregnancy. A 2010 review of the scientific evidence on the issue conducted by the British Royal College of Obstetricians and Gynaecologists similarly found “that the fetus cannot experience pain in any sense prior” to 24 weeks’ gestation.

Doctors who testify otherwise often have a history of anti-choice activism. For example, a letter read aloud during a debate over West Virginia’s ultimately failed 20-week abortion ban was drafted by Dr. Byron Calhoun, who was caught lying about the number of abortion-related complications he saw in Charleston.

Myth #4: Abortion “Endangers the Health and Well-being of Women”

In an apparent effort to criticize the Affordable Care Act for promoting “the notion of abortion as healthcare,” the platform baselessly claimed that abortion “endangers the health and well-being” of those who receive care:

Through Obamacare, the current Administration has promoted the notion of abortion as healthcare. We, however, affirm the dignity of women by protecting the sanctity of human life. Numerous studies have shown that abortion endangers the health and well-being of women, and we stand firmly against it.

Scientific evidence overwhelmingly supports the conclusion that abortion is safe. Research shows that a first-trimester abortion carries less than 0.05 percent risk of major complications, according to the Guttmacher Institute, and “pose[s] virtually no long-term risk of problems such as infertility, ectopic pregnancy, spontaneous abortion (miscarriage) or birth defect, and little or no risk of preterm or low-birth-weight deliveries.”

There is similarly no evidence to back up the GOP’s claim that abortion endangers the well-being of women. A 2008 study from the American Psychological Association’s Task Force on Mental Health and Abortion, an expansive analysis on current research regarding the issue, found that while those who have an abortion may experience a variety of feelings, “no evidence sufficient to support the claim that an observed association between abortion history and mental health was caused by the abortion per se, as opposed to other factors.”

As is the case for many of the anti-abortion myths perpetuated within the platform, many of the so-called experts who claim there is a link between abortion and mental illness are discredited anti-choice activists.

Myth #5: Mifepristone, a Drug Used for Medical Abortions, Is “Dangerous”

Both anti-choice activists and conservative Republicans have been vocal opponents of the Food and Drug Administration (FDA’s) March update to the regulations for mifepristone, a drug also known as Mifeprex and RU-486 that is used in medication abortions. However, in this year’s platform, the GOP goes a step further to claim that both the drug and its general approval by the FDA are “dangerous”:

We believe the FDA’s approval of Mifeprex, a dangerous abortifacient formerly known as RU-486, threatens women’s health, as does the agency’s endorsement of over-the-counter sales of powerful contraceptives without a physician’s recommendation. We support cutting federal and state funding for entities that endanger women’s health by performing abortions in a manner inconsistent with federal or state law.

Studies, however, have overwhelmingly found mifepristone to be safe. In fact, the Association of Reproductive Health Professionals says mifepristone “is safer than acetaminophen,” aspirin, and Viagra. When the FDA conducted a 2011 post-market study of those who have used the drug since it was approved by the agency, they found that more than 1.5 million women in the U.S. had used it to end a pregnancy, only 2,200 of whom had experienced an “adverse event” after.

The platform also appears to reference the FDA’s approval of making emergency contraception such as Plan B available over the counter, claiming that it too is a threat to women’s health. However, studies show that emergency contraception is safe and effective at preventing pregnancy. According to the World Health Organization, side effects are “uncommon and generally mild.”

Commentary Contraception

For Students at Religious Universities, Contraception Coverage Isn’t an Academic Debate

Alison Tanner

When the U.S. Supreme Court sent a case about faith-based objections to the Affordable Care Act's contraceptive mandate back to lower courts, it left students at religious colleges and universities with continuing uncertainty about getting essential health care. And that's not what religious freedom is about.

Read more of our articles on challenges to the Affordable Care Act’s birth control benefit here.

Students choose which university to attend for a variety of reasons: the programs offered, the proximity of campus to home, the institution’s reputation, the financial assistance available, and so on. But young people may need to ask whether their school is likely to discriminate in the provision of health insurance, including contraceptive coverage.

In Zubik v. Burwell, a group of cases sent back to the lower courts by the U.S. Supreme Court in May, a handful of religiously affiliated universities sought the right to deny their students, faculty, and staff access to health insurance coverage for contraception.

This isn’t just a legal debate for me. It’s personal. The private university where I attend law school, Georgetown University in Washington, D.C., currently complies with provisions in the Affordable Care Act that make it possible for a third-party insurer to provide contraceptive access to those who want it. But some hope that these legal challenges to the ACA’s birth control rule will reverse that.

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Georgetown University Law Center refused to provide insurance coverage for contraception before the accommodation was created in 2012. Without a real decision by the Supreme Court, my access to contraception insurance will continue to be at risk while I’m in school.

I’m not alone. Approximately 1.9 million students attend religiously affiliated universities in the United States, according to the Council for Christian Colleges and Universities. We students chose to attend these institutions for lots of reasons, many of which having nothing to do with religion. I decided to attend Georgetown University Law Center because I felt it was the right school for me to pursue my academic and professional goals, it’s in a great city, it has an excellent faculty, and it has a vibrant public-interest law community.

Like many of my fellow students, I am not Catholic and do not share my university’s views on contraception and abortion. Although I was aware of Georgetown’s history of denying students’ essential health-care benefits, I did not think I should have to sacrifice the opportunity to attend an elite law school because I am a woman of reproductive age.

That’s why, as a former law clerk for Americans United for Separation of Church and State, I helped to organize a brief before the high court on behalf of 240 students, faculty, and staff at religiously affiliated universities including Fordham, Georgetown, Loyola Marymount, and the University of Notre Dame.

Our brief defended the sensible accommodation crafted by the Obama administration. That compromise relieves religiously affiliated nonprofit organizations of any obligation to pay for or otherwise provide contraception coverage; in fact, they don’t have to pay a dime for it. Once the university informs the government that it does not want to pay for birth control, a third-party insurer steps in and provides coverage to the students, faculty, and staff who want it.

Remarkably, officials at the religious colleges still challenging the Affordable Care Act say this deal is not good enough. They’re arguing that the mere act of informing the government that they do not want to do something makes them “complicit” in the private decisions of others.

Such an argument stands religious freedom on its head in an attempt to impose one group’s theological beliefs on others by vetoing the third-party insurance providers’ distribution of essential health coverage to students, faculty, and staff.

This should not be viewed as some academic debate confined to legal textbooks and court chambers. It affects real people—most of them women. Studies by the Guttmacher Institute and other groups that study human sexuality have shown that use of artificial forms of birth control is nearly universal among sexually active women of childbearing years. That includes Catholic women, who use birth control at the same rate as non-Catholics.

Indeed, contraception is essential health care, especially for students. An overwhelming number of young people’s pregnancies are unplanned, and having children while in college or a graduate program typically delays graduation, increases the likelihood that the parent will drop out, and may affect their future professional paths.

Additionally, many menstrual disorders make it difficult to focus in class; contraception alleviates the symptoms of a variety of illnesses, and it can help women actually preserve their long-term fertility. For example, one of the students who signed our brief told the Court that, “Without birth control, I experience menstrual cycles that make it hard to function in everyday life and do things like attend class.” Another woman who signed the brief told the Court, “I have a history of ovarian cysts and twice have required surgery, at ages 8 and 14. After my second surgery, the doctor informed me that I should take contraceptives, because if it happened again, I might be infertile.”

For these and many other reasons, women want and need convenient access to safe, affordable contraceptives. It is time for religiously affiliated institutions—and the Supreme Court—to acknowledge this reality.

Because we still don’t have an ultimate decision from the Supreme Court, incoming students cannot consider ease of access to contraception in deciding where to attend college, and they may risk committing to attend an university that will be legally allowed to discriminate against them. A religiously affiliated university may be in all other regards a perfect fit for a young woman. It’s unfair that she should face have to risk access to essential health care to pursue academic opportunity.

Religious liberty is an important right—and that’s why it should not be misinterpreted. Historically, religious freedom has been defined as the right to make decisions for yourself, not others. Religious freedom gives you have the right to determine where, how, and if you will engage in religious activities.

It does not, nor should it ever, give one person or institution the power to meddle in the personal medical decisions of others.