Possible legislative fix could protect women's health after Hobby Lobby Supreme Court decision

7/10/2014, 2:07 p.m.
Sen. Tim Kaine has expressed disappointment in the Supreme Court’s decision to strike down the contraceptive coverage requirement under the Affordable Care Act.

U.S. Senator Tim Kaine has introduced the Protect Women’s Health from Corporate Interference Act to restore the contraceptive coverage requirement guaranteed by the Affordable Care Act and protect coverage of other health services from employers who want to impose their beliefs on their employees by denying benefits.

Kaine joined lead Senate sponsors Patty Murray and Mark Udall and 34 of their Senate colleagues to introduce the bill in response to the Supreme Court’s decision in Burwell vs. Hobby Lobby last month. Representatives Diana DeGette, Jerrold Nadler, and Louise Slaughter are introducing companion legislation in the House of Representatives.

“I am proud to sponsor important legislation to protect women's right to health care from interference by their employers,” said Kaine. “The Hobby Lobby case held that certain companies could deny women contraceptive coverage for religious reasons while also citing that religious objections could not be used to bar coverage for other conditions. Contraception is an important preventive health service which has been constitutionally protected since the 1960s, but the Court has now made it fair game for corporate interference. This legislation will protect women's health choices.”

When the Supreme Court first heard arguments in Hobby Lobby, Kaine stated his firm belief that a woman has the right to make her own health care choices and that such decisions should not be left to corporate leadership. Kaine reiterated that sentiment when he expressed disappointment in the Supreme Court’s decision to strike down the contraceptive coverage requirement under the Affordable Care Act.

“With this bill, Congress can begin to fix the damage done by the Supreme Court’s decision to allow for-profit corporations to deny their employees birth control coverage. The Supreme Court last week opened the door to a wide range of discrimination and denial of services. This bill would help close the door for denying contraception before more corporations can walk through it," said Cecile Richards, President, Planned Parenthood Action Fund.

As the nation's leading advocate for women’s reproductive health care, Richard says Planned Parenthood Action Fund is committed to making sure women can get the no-copay birth control benefit that was fought so hard to pass and protect.

She maintains no woman should lose access to birth control because her boss doesn't approve of it.”

Ilyse Hogue, president of the NARAL Pro-Choice America echoes those same sentiments.

"Last week, we heard a collective gasp across the country as Americans everywhere tried to make sense of five male Justices on the Supreme Court deciding that our bosses could have control over our birth control in the Hobby Lobby decision.

“Today, we hear those gasps turn to cheers as we see champions in Congress move to right this wrong. Ninety-nine percent of American women use some form of birth control in our lifetimes, and all medical experts agree that these remedies should be included in comprehensive healthcare. Anything less than this amounts to discrimination against women in the workplace. If there's one thing we can agree upon more than the idea that politicians aren't equipped to decide for us how and when and with whom we have families, it's that our bosses are even less so. This bill is the first step in making sure those personal healthcare decision stay where they belong -- in the hands of the women whose lives are affected," Hogue said.