Abstract
This collection of information demonstrates that the birth control mandate controversy of our current administration. The new rules set in place for employers does not reflect what most voters are in favor of and does not coincide with the Affordable Care Act (ACA)’s originally established in its stance on contraceptives. President Trump has announced a rollback to regulations set in place by the previous administration in the ACA, which mandates that employers must cover birth control in their insurance programs to their employees with no co-pay. While Republicans claim a victory for religious freedom, it is far more appropriate to interpret this as a defeat to our democratic ideals. The popular beliefs of our country do not appear to be of relevance to the President of the United States in this decision. The only compromise made by Trump in this regressive new measure is that of compromising the reproductive health of half our population to appease a dwindling minority.
What exactly is this new rule and why does it matter?
Kliff and Scott (2017) agree that these regulations put employees at a major disadvantage. “Employers could cite any religious or moral reason.” On the other hand, Trump and his administration feel the new regulations provide a missing piece of religious protection from the powers that be. One official from the Health and Human Services Department (HSS) noted, “The interim final rule finally provides relief to those who have been under the thumb of the federal government.”
The major concern that should be noted is not just the small or religiously affiliated businesses who may choose to opt out but the large, publicly traded companies with thousands of employees. Universities are also awarded the same benefits as employers in the eyes of health insurers, meaning that college students are subject to losing their birth control as well.
The Facts on Contraceptive Culture.
“There are 61 million women in the childbearing years. (Ages 15-44, Center for Disease Control and Prevention,” explains Robert Walker of the Baltimore Sun (2017).
As we know, when cuts are made someone pays at the other end. Millions of dollars are at stake for working class women. 55 million women given coverage under the ACA will foot the bill under this new regulation. “According to the National Women’s Law Center, the mandate saved women an estimated $1.4 billion in oral contraceptive costs in 2013,” (Walker, 2017)
These figures would lead many to believe women should be naturally afforded a comprehensive support system for their basic needs but that is not the case. Progress is stagnating in many of the same issues women rights activists have been battling for the last several decades in modern America. Why is there so much push back on such a vast amount of our population and why do they not have a say in how they control their bodies? The answer falls largely on the head of conservative policies.
Religious or moral objection allows companies to reject birth control coverage in Trump’s rollback.
The ACA, also affectionately known as “Obamacare”, was first made into law in 2010 and has been a nail to hang the hat of the Democratic party as it was the first major overhaul of the healthcare system in recent times. The ACA proved a step towards having contraceptives and preventive care for women with measures in place that offer financial security. The act was put into place to expand Medicaid to millions of more low-income families, lower health costs, hold insurance companies responsible, and enhance the quality care of all Americans. With this new law, birth control became more affordable to women with out-of-pocket expenditures on contraceptives has dropped from 21% pre-Obamacare to 3%. (3 ways Obama [Sam petulla]2017). With now all women are guaranteed any method of birth control no matter where they live or how they’re insured, birth control use rose up to 21% for preventing pregnancy use and medical condition reported two years after the benefit took effect. (Nwlc 2017)
President Trump ran on the platform of undoing a great of Obama’s work, which of course meant repealing and replacing the ACA once and for all. Almost every step taken since his inauguration in 2017 has been on par with this widely broadcasted message to steer the country in the opposite direction.
In new regulations released in October 6, 2017 by the Department of Health and Human Services (HSS) effectively gave companies the right to deny birth control coverage.
*From Politico story*:
“The Trump administration argues that women have affordable contraceptive options should employers drop coverage, and that several government programs provide free or subsidized contraception for low-income women, including Title X family planning grants.”
*I would use this bit to transition into your next section*:
“" The Supreme Court last year ordered the Obama administration and religiously affiliated organizations, such as universities and charities, to reach agreement on an accommodation that would let employees of such groups have access to no-cost contraception. They never resolved the issue."
What does this mean for Employers and Employees?
Rolling back this mandate means employers “with any religious or moral objection can refuse to offer birth control coverage- without any requirement that they allow their insurance companies to make an accommodation.” (Times Editorial Board, Jan 2018) More than 55 million could be affected by these recent new rules. Even though the ACA has “made change after change to placate employers who objected on religious grounds.” (Times Editorial Board, Jan 2018) to make sure they had no involvement or were being billed for it so their employees would still have access to free birth control.
Push back from activists. Rejection by a federal judge in Massachusetts.
Conservative Christians and right-wing groups have pushed back on the ACA from its beginnings just as women’s rights activists and Democrats are now pushing to stop Trump’s new rollback of this inclusion.
Federal Judges in California and Pennsylvania have successfully issued preliminary injunctions on these new rules while one federal judge in Massachusetts has rejects such movements. In March of 2018, U.S. District Judge Nathaniel Gorto has dismissed a lawsuit by Massachusetts Attorney General Maura Healey that wanted to put a stop to these new rules for her constituents.
As reported by The Atlantic (2018), Jerry Falwell Jr. references Donald Trump as the “dream president,” of evangelicals.
Popular Opinion Reflects Poorly on Trump Administration
PerryUndem Research/Communication (2017) published a survey conducted in December of 2017 to explore and better understand the beliefs of voters 18 and older across the country. “7 out of 10 voters are in favor of the ACA provision that provides birth control without a co-pay”, which illustrates how this policy change starts to look out of tune. Approximately 15% of those surveyed believe women will be positively impacted while a little more than half think this will have a negative impact. These staggeringly low approval rates of this policy change closely reflect Trump’s overall approval rating. Only 37% of voters surveyed have a favorable impression of the president.
“’96% support women having access to birth control,’ ‘90% say birth control is not a religious issue for them,” and “77% do not think birth control a controversial issue,” (PerryUndem, 2017. p.9). While most voters can agree on access birth control not being about religion, why would companies favor cancelling this provision? The answer may be that despite a business possibly being founded upon religious principles, such entities cannot plainly hold religious ideals, but its morals are subjective. Moral conviction gives ultimate freedom to company to throw out essential health care at will, or in a more likely case to reduce costs. More so, it becomes clear that most Americans are in favor of birth control at no cost women, in spite of our president’s actions.
“The administration issued two rules — one outlining how an employer could claim an exemption for religious beliefs, the other outlining an exemption for sincerely held moral convictions — on the same day Attorney General Jeff Sessions called for sweeping protections for religious freedom in a government-wide memo that could have far-reaching implications.”
“Today’s outrageous rules by the Trump Administration show callous disregard for women’s rights, health, and autonomy, said Fatima Goss Graves, president and CEO of the National Women’s Law Center. "By taking away women’s access to no-cost birth control coverage, the rules give employers a license to discriminate against women. We will take immediate legal steps to block these unfair and discriminatory rules.”
Birth Control Abroad
The United States has not always found itself on the progressive side of healthcare coverage for its citizens. Contrary to many developed countries, Americans have not been afforded the same basic universal health care that includes birth control. 2010’s ACA was what appeared to be step in this direction but with a new administration in opposition of many advances made in the last presidential term, many citizens are in fear of losing this uphill battle with a right-wing party centered on religious freedoms.
Taking a look at European countries fertility rates are some of the lowest in the world. In 2000, the average for the region was 1.4 children per couple, and it ranged from 1.1 children in Bulgaria and the Czech Republic to 2.2 children in Albania. (MEWUC Ulrich) Making contraception easily accessible lets European women control if and when they want to have children.
Summary
References
PerryUndem, (2017, December 1). Views on Birth Control. On Federal Policy and Contraceptives. Retrieved from https://view.publitas.com/perryundem-research-communication/views-on-birth-control-report-pdf/page/3
Kliff, S. and Scott, D. (2017, October 6). Trump just officially made it easier for employers to stop covering birth control. Vox. Retrieved from https://www.vox.com/policy-and-politics/2017/10/6/16234238/trump-obamacare-birth-control
Raymond, N. (2018, March 12). Judge rejects Massachusetts challenge to Trump birth control rules. Reuters. Retrieved from https://www.reuters.com/article/us-usa-trump-healthcare/judge-rejects-massachusetts-challenge-to-trump-birth-control-rules-idUSKCN1GO2M4
Ehley, B. (2017, October 6). Trump rolls back Obamacare birth control mandate. Politico. Retrieved from https://www.politico.com/story/2017/10/06/trump-rolls-back-obamacares-contraception-rule-243537
Colliver, V. (2017, December 21). Second federal judge halts Trump's birth control rule. Politico. Retrieved from https://www.politico.com/story/2017/12/21/second-federal-judge-halts-trumps-birth-control-rule-312405
The Times Editorial Board (2018, January 2). Allowing employers a 'moral exemption' from offering birth control coverage is immoral. Los Angeles Times. Retrieved from http://www.latimes.com/opinion/editorials/la-ed-contraceptive-mandate-20180102-story.html
Gerson, M. (2018, April). The Last Temptation. The Atlantic. Retrieved from https://www.theatlantic.com/magazine/archive/2018/04/the-last-temptation/554066/
Walker, R. (2017, October 13). The war on birth control. The Baltimore Sun. Retrieved from http://www.baltimoresun.com/news/opinion/oped/bs-ed-op-1015-contraception-mandate-20171011-story.html
Petulla, S. (2017, October 07). 3 ways Obamacare changed birth control. Retrieved March 21, 2018, from https://www.cnn.com/2017/10/07/politics/obamacare-changed-birth-control-contraceptives/index.html
The Times Editorial Board (2018, January 02) Allowing employers a 'moral exemption' from offering birth control coverage is immoral. Retrieved March 21, 2018, from http://www.latimes.com/opinion/editorials/la-ed-contraceptive-mandate-20180102-story.html
Ulrich, R. E. (n.d.). Most European Women Use Contraceptives. Retrieved March 21, 2018, from http://www.prb.org/Publications/Articles/2001/MostEuropeanWomenUseContraceptives.aspx