By Sarah Purtill
Impunity Watch Reporter, North America

WASHINGTON, D.C., U.S. – The Trump Administration has created a loophole for companies and nonprofits when it comes to birth control. The new rule allows for companies and nonprofits to exclude coverage for contraception if the company or nonprofit has a moral or religious objection. Much of the controversy over providing contraception to women centers on its use for family planning. But many medical conditions also require the use of hormonal birth control methods.

The California Attorney General filed a lawsuit on October 6, 2017 challenging the new policy allowing companies to exclude coverage for contraception. The original Obama Care mandate required that employers offer health insurance that covers birth control without a co-pay and with limited exemptions for religions and some companies. Now, employers will not have to file anything with the government to stop offering the birth control coverage; all they have to do is notify their employees of the decision, according to Health and Human Services officials.

There are many women who use birth control for reasons other than to prevent unwanted pregnancies. Many women take birth control for conditions such as endometriosis or polycystic ovary syndrome. Hormonal birth control can keep these disorders in check. Women who have these conditions have no control over them and often rely on birth control to keep it from worsening or to limit the pain they endure. Sometimes, when these disorders are left untreated, they can lead to heart disease and diabetes.

Many women are angered by this loophole and find it unreasonable. Author and blogger Jennifer Lawson said, “No employer knows me well enough to decide what is or isn’t acceptable for myself, my daughter, or anyone else. And they shouldn’t have to know me well enough because it’s none of their business.”

Those in favor of the changes and officials say that it is to protect religious freedom.  Roger Severino, director of the HHS Office of Civil Rights said, “this provides an exemption, and it’s a limited one. We should have space for organizations to live out their religious identity and not face discrimination.” Severino said he expects most companies will continue to provide birth control.

However, some health policy analysts say the new rule creates a huge opening that lets any employer claim an exemption, leaving their female workers to pay the full cost of any birth control out of pocket. The change sets up the fight between advocates of religious freedom and those advocating for women’s rights. The American Civil Liberties Union filed a suit against the Trump Administration on the same day the rule was published, claiming it violated the 14th Amendment’s Equal Protection Clause, which ensures that all people receive equal protection under the law.

For more information, please see:

Bloomberg – Trump Officials Dispute the Benefits of Birth Control to Justify Rules – 6 October 2017

CNN – Beyond Just Birth Control: Rollback Leaves Some Women Fearful – 6 October 2017

The Hill – California Challenges Trump’s Rollback of Birth Control Mandate – 6 October 2017

NPR – Trump Guts Requirement That Employer Health Plans Pay for Birth Control – 6 October 2017