If birth control is “not your boss’s business,” why do you expect him to pay for it?
Abortion-rights protesters gathered outside the Supreme Court building on Monday holding signs that read “Birth Control: Not My Boss’s Business.”
Much to their chagrin, Supreme Court Justice Samuel Alito agreed in his ruling in the Hobby Lobby case.
Of course, that’s not how supporters of the government’s contraception mandate see it. They actually believe that birth control is their boss’s business, and they want the federal government to force employers to agree.
More on that later, but it’s first worth noting how we got here.
First, contrary to a lot of lazy punditry, there is no Obamacare contraception mandate. As my National Review colleague Ramesh Ponnuru notes, even President Obama’s liberal rubber-stamp Congress of 2009–10 never addressed — or even debated — the question of whether companies can be forced to provide contraceptive coverage. Department of Health and Human Services bureaucrats simply asserted that they could impose such a requirement. Indeed, “several pro-life Democrats,” Ponnuru adds, “who provided the law’s narrow margin of victory in the House have said they would have voted against the law had it included the mandate.”
Moreover, Hobby Lobby never objected to covering birth control per se. It already covers 16 kinds of birth control for its employees. But it objected to paying for what it considers to be abortifacients, which don’t prevent a pregnancy but terminate one. The pro-abortion-rights lobby can argue that “abortion” and “birth control” are synonymous terms, but that doesn’t make it true.