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ehh....what town in Italy is your family from?

toritto

toritto
Location
tampa bay metro, Florida,
Birthday
September 10
Bio
I was born in year 4 of the reign of the Emperor Tiberius Claudius and raised on 66th Street and 13th Ave. in Brooklyn. And Coney Island, Traveled the world. Married my high school sweetheart and stayed together 40 years. Now a retired old widower crank living in Florida with my cat. Author of "Initial Verses" - a collection of poems on love, loss, poverty and war.

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Salon.com
FEBRUARY 16, 2012 8:38PM

Contraception and the Right to Privacy

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Suddenly the issue of contraception is front and center in the political discussion.

Starts out with rules requiring catholic hospitals to provide health insurance which covers the costs of contraception for women employees.

Bishops rail. We cannot be forced to provide this coverage which is against our beliefs.

It’s not a church mind you being required to provide contraception in its health insurance plans offered to church employees. It’s a hospital owned by the church.

The issue is framed by the bishops as an attack on religious freedom.

Well ok. Suppose the church owned hospital owned a venture fund? Do employees of the venture fund get health insurance covering contraception? Is religion still being attacked?

Never mind. Let’s move on.

The original rules are compromised. The church owned hospital will not pay for (provide) coverage for contraception to its employees. The insurance company will pay.

Case settled? Not on your life.

Yesterday a Congressional hearing is held on the issue of contraception. No women will speak. No women on the witness list.  Plenty of church folk. The situation is laughable if it wasn’t so demeaning to women.

Later we hear the money bag man for Rick Santorum reminiscing about how women used aspirin for birth control. "Holding the aspirin between their knees". Does this asshat billionaire have a wife? Daughters?

The point I am trying to make in reiterating all of this is that the real issue beneath all the claptrap about insurance coverage and religious freedom is the right to contraception.

Rick Santorum and his bag man would take that right away from women. They would overturn Griswold v. Connecticut, the landmark Supreme Court case which struck down Connecticut’s laws against contraception.

Prior to 1965 not even married couples could buy a condom in Connecticut. You had to go to New York. I know. Read my post :

http://open.salon.com/blog/toritto/2012/02/15/id_like_a_box_of_trojans_please

Now why is this important? Contraception was once considered one of those "state’s rights" issues not specifically mentioned in the Constitution.- each state had it’s own rules.  Twice before the Connecticut law had been challenged and twice the Supreme Court had refused to hear the cases on technical grounds.

In probably the most famous dissent in Supreme Court history, Justice John Marshall Harlan II argued that the Supreme Court should have heard the case rather than dismissing it.  Thereafter he indicated his support for a broad interpretation of the due process clause. He famously wrote, "the full scope of the liberty guaranteed by the Due Process Clause cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution. This 'liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints." On the basis of this interpretation of the due process clause, Harlan concluded that the Connecticut statute violated the Constitution.

In Griswold four years later by a vote of 7 - 2 the Supreme Court found the right to privacy which was the justification for striking down the Connecticut law as unconstitutional and essentially making contraception available nationwide.

Unfortunately the Griswold decision only applied to married couples.  Single people still could not get contraception in many states including Connecticut.  It would not be until 1972 in Eisenstadt v. Baird that a Massachusetts law was found unconstitutional since it denied unmarried couples the same right to privacy previously granted to married couples.

It is the Right to Privacy, as articulated in Griswold which is the basis of Roe v. Wade. Without Griswold there might not be a Roe v. Wade. And if Griswold were to be struck down on the basis that there is no right to privacy in the Constitution then the way to strike down Roe v. Wade is open..

The issue of contraception must be defended in order to defend the right to abortion. That is what our Bishops really want.  That is the fish they are after.

My suggestion to women might be to adopt the tactics of Lysistrata. Tell your man your legs are closed until he agrees to support and vote women’s issues. Aristophanes can’t be wrong.

And if you are a woman and you vote for these crackpots you deserve to be back in the kitchen, barefoot and pregnant - which is exactly where you will be if these nutjobs come to power.

 You are seeing the power of churches.  No one is forcing believers to practice coontraception (although the vast majority of catholic women do) or to pay to provide the service to others.  They however, through a radical political / social agenda will try to make their beliefs the law of the land.

Remember when you vote.

 

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Thanks for making the connections that should be obvious, as to intent and trajectory of all this.
Remember, indeed. I certainly will.
Great post.

Personally, I think the key thing is to keep the Bishops from framing the issue as a fairly abstract idea regarding who pays for it.

The shift from the practical to the theoretical seems to have gotten some traction.

However, Obama's counter -- which is to concede regarding who pays -- has split the opposition in a meaningful way.

Would it make any sense to make the US military or US prison system an employee benefit? Cause I don't see how the Church could support the excess killing/capital punishment.

Hell, I'm against it also.

I would argue that if it were strictly an employee benefit, then no coverages should be mandated. But once it becomes part of a national health system via mandates, then it isn't an employee benefit. It's simply a tax.

All this is sophistry. The bottom line is that to the extent the real issue is contraception, then no one that actually does the deed is against it.

To me, the exact funding mechanism is not very important.

Personally, I wouldn't care if everything regarding fertility were taken out of our current health system and simply turned over to free enterprise. Stores could openly advertise and sell plan A, plan B, and plan C. And abortion would be as available as botox.

They could sell Viagra in vending machines.

But that's just me.
What I want to know, and please pardon my profound ignorance because I'm being deadly serious: Why are BISHOPS involved in this discussion? I'd always been taught that there was a separation of CHURCH and STATE and in legal cases where the two entitities may conflict, the STATE would take precedent.
I don't think any of this is the Catholic church's business. "religious freedom", my a__! They did such a great job on their child molestation scandal. Where was all their moralizing then?
I don't think any of this is the Catholic church's business. "religious freedom", my a__! They did such a great job on their child molestation scandal. Where was all their moralizing then?