Sunday marked the 39th anniversary of the Supreme Court's Roe v. Wade ruling that states could not make laws banning abortion. Nearly 40 years later, women's reproductive rights are still under attack. At the same time, advocates for women's rights are celebrating an important victory: The Obama administration announced Friday that health insurers must proved free access to birth control as part of the reforms established by the Affordable Healthcare Act.
The decision to include a mandate that all employer-sponsored health care plans include access to contraceptive services - without co-pays - was announced in August 2011, but fears arose that the Obama administration might be pushed away from the decision by pressure from the Catholic Church and other religious institutions who oppose birth control. However, U.S. Department of Health and Human Services Secretary Kathleen Sebelius issued a Jan. 20 statement finalizing the rule.
"Women will not have to forego these services because of expensive co-pays or deductibles, or because an insurance plan doesn't include contraceptive services," Sebelius wrote. The administration did make one concession to religious groups. "After evaluating comments, we have decided to add an additional element to the final rule," Sebelius said. "Nonprofit employers who, based on religious beliefs, do not currently provide contraceptive coverage in their insurance plan, will be provided an additional year, until August 1, 2013, to comply with the new law."
The new category goes beyond specifically religious groups to all non-profit organizations whose leadership objects to contraception on religious grounds. They will, however, be required to provide women information as to where to get free or low-cost family planning services for the year during which the organization is not required to provide coverage for these services.
"This decision was made after very careful consideration, including the important concerns some have raised about religious liberty," Sebelius continued. "I believe this proposal strikes the appropriate balance between respecting religious freedom and increasing access to important preventive services."
The administration, she said, is still "fully committed to its partnership" with religious groups that work for the "common good."
In November, contraceptive rights advocates became worried that the rules change would be shelved due to a push from religious organizations. After a delegation of U.S. bishops visited the White House, New York Archbishop Timothy M. Dolan said, "I left there feeling a bit more at peace about this issue than when I entered." Dolan is considered perhaps the country's top Catholic.
Women's Health News suggests it might be related to the abortion issue, pointing to the 2008 Abortion Surveillance report by the Centers for Disease Control.
According to the CDC report, "efforts to reduce the incidence of abortion need to focus on preventing unintended pregnancy." The CDC experts continued, "The removal of cost as one barrier to correct and consistent contraceptive use might contribute to a reduction in the number of unintended pregnancies and consequently the number of abortions that are performed in the United States."
The Catholic Church is considered the most organized anti-abortion organization in the U.S.
Thus, Women's Health News suggests the bishops might have been mollified by the argument that making birth control services available to women can be seen as a way to reduce the number of abortions.
Meanwhile, pro-choice activists marked the anniversary of Roe v. Wade by warning that the fight continues to hold onto the rights that decision upheld.
"Because of Roe, a woman can plan her future and defend her health legally and safely," wrote Cecile Richards of the Planned Parenthood Action Fund in a letter to the group's supporters on Sunday. She added, however, that "despite the broad, mainstream support for upholding Roe, some politicians are as determined as ever to overturn it and strip women of the rights we've held for nearly 40 years."
National Organization for Women President Terry O'Neill said in a statement, "Legislators in 24 states passed 92 anti-abortion provisions in 2011, shattering the previous record of 34 adopted in 2005, according to the Guttmacher Institute."
In an email sent out today, Stephanie Cutter, deputy campaign manager for President Obama's reelection bid wrote that "our opponents have been waging a war on women's health - attempting to defund Planned Parenthood, overturn Roe v. Wade, and everything in between." Who is president matters, she said.
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