Tag Archives: SCOTUS

On the Supreme Court, Hobby Lobby, and Women’s Rights

Supreme Court JusticesThere is a lot of buzz around the Internet today as individuals and media outlets weigh in with their personal thoughts and opinions regarding the Supreme Court’s narrow support in favor of Hobby Lobby’s assertion that providing insurance coverage that pays for certain  birth control methods for employees violates their religious freedom. While I feel it is a dangerous position to start protesting Supreme Court decisions (they, after all, DO possess a much greater understanding about the constitution than I), I can’t help but wonder what on earth they were thinking in this instance.

As I often do when I feel inundated with editorials and public verdicts regarding controversial subjects, I turned to the Brookings Institution for guidance and clearer understanding. Fortunately, I found the following piece that offers educated insight on the recent SCOTUS ruling:

http://www.brookings.edu/blogs/fixgov/posts/2014/06/30-hobby-lobby-religious-freedom-rauch

I encourage all of you to head over and read this post, as it explains some nuances that most of the general public won’t understand (although, it also points out the dangers of allowing corporations to disregard government regulations on the basis of religious freedom). Most importantly, the article explains the difference in a constitutional ruling versus an interpretation of a statute.

Unfortunately, though, this ruling does have implications regarding the public’s regard and treatment of women, which are very succinctly outlined in my daughter’s Facebook post today:

“I cannot say this better than my UChicago classmate, so I’m copy/pasting her statement:

‘Upon learning that I’ve spent time in India and care deeply about engaging with the region’s culture, people often point to stories in Western media regarding the status of women in Indian society (mainly focusing on stories of rape), posing in many ways questions that essentially ask, “How can you reconcile with the way women are treated over there? How can you handle it?”
Many of these people – my friends, family, classmates – seem to lose sight of the fact that they, too, live in a society that marginalizes women and limits opportunities for more than half the population every day.
Of course, there are varying degrees of aggression. I don’t mean to equate atrocities such as the – now infamous – rape in Delhi on a public bus in December 2012 with this less (overtly; physically) violent court decision, but I feel it incredibly important to think critically and be aware of the systemic and institutionalized nature of gender inequality that acts similarly and is perpetuated in each case.
This post could be about many things – neo-colonialism, capitalism, media sensationalism and how we consider our own learned cultural norms. But it all boils down to this: next time you think about the way that women are treated “over there,” check your American exceptionalism (however subconcious it may be), and take a second to consider how your mothers, sisters, daughters, friends – how YOU – are treated as lesser and other within the ostensible structure of freedom on which we pride ourselves so greatly. How can you handle it?'”

So, I suppose the question for the Supreme Court now is this, “What, if any, implications do you see developing as a result of this ruling in favor of Hobby Lobby? Does this ruling then open up a new case for the constitutionality of such denials by corporations? And how will such a ruling affect similar medical procedures for men – most specifically, medications and procedures associated with erectile dysfunction or vasectomy?”

Any thoughts?

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