Your Birth Control

It’s Democrats who oppose over-the-counter sale of contraceptives.

There are many horrifying things about President Donald Trump that I am prepared to believe, but the claim put forward by Linda Greenhouse in the New York Times — that he has loosened up the Affordable Care Act’s contraception mandate out of sexual traditionalism — is not one of them.

The Trump administration has, to its credit, issued a more liberal version of the employer-provided birth-control mandate, one that offers conscience protections to institutions beyond churches and closely held business concerns, and that expands the exemption beyond narrowly religious objections to include moral objections that are not necessarily religious in nature. A free society makes a lot of room for moral and religious disagreement, which is why the original mandate was thrown out by the Supreme Court as a violation of the Religious Freedom Restoration Act, which requires that government use the least onerous means when burdening religious exercise and that it do so only in the pursuit of a legitimate public interest.

For context, consider the fact that during World War II — an existential crisis not only for the United States but for the entire free world — the United States routinely offered exemptions from military service to members of pacifistic religious sects such as Quakers and Brethren. The federal government went so far as to establish alternatives to war bonds for those who objected to supporting the war through financial instruments. Perhaps you believe that a federal law mandating employer-provided no-copay birth-control pills is very important — it isn’t as important as whipping Hitler.

Greenhouse argues that the move represents a step toward transforming the United States into something more like Saudi Arabia, a bit of hyperbole that is risible even by the basement-dwelling standards of the New York Times op-ed pages. That the Times’ generally excellent reporting remains institutionally shackled to its insipid and second-rate opinion pages must be a source of frustration for its reporters, even — especially? — the ones who share that plain-Democrat-vanilla viewpoint.

. . .

Republicans have, on the matter of contraception at least, adopted a live-and-let-live attitude, one that would make birth control available to women on the same basis as any other consumer good and that would — let’s not forget — still oblige most employers to include it, free of copay, in their health-insurance plans, unless they have strong religious or moral objections to doing so. Democrats have opposed efforts to make birth control available over-the-counter. Why?

Neither Trump nor the GOP Wants to Take Away Your Birth Control

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