Jewish justices, senators oppose Hobby decision

WASHINGTON, D.C. (SDJW) — Small, closely held businesses don’t have to pay for certain contraceptives for female employees if they violate the employers’ religious beliefs, The U.S. Supreme Court decided Monday, June 30, in a narrow 5-4 decision, in which the three Jewish justices — Ruth Bader Ginsburg, Stephen Breyer and Elana Kagen — were all among the dissenters.  Justice Ginsburg wrote the main dissent.

In Jewish U.S. Senators, the dissenting justices had plenty of allies.  Following is a roundup of their comments concerning the Burwell v. Hobby Lobby Case:

U.S. Sen. Michael Bennet, D-Colorado: “The Supreme Court’s troubling decision now gives employers the ability to dictate even the most basic health care services for their employees. As a husband and father of three daughters, I know women should be empowered to make their own health care decisions based on what they believe is best for them or their family.”

U.S. Senator Barbara Boxer (D-California): “While I am relieved that the Hobby Lobby ruling was narrow, I still cannot understand how the Court’s majority could put the ideology of closely-held corporations above the health and religious freedom of thousands and thousands of their female employees.”

U.S. Senator Ben Cardin (D-Maryland.):   “With this decision, the Supreme Court has put the health of American women at risk while opening the door for private employers who are looking for a reason not to comply with the law. Exempting certain secular, for-profit corporations from the Affordable Care Act’s contraceptive-coverage requirement is inconsistent with the plain language and legislative intent of the Religious Freedom Restoration Act (RFRA), and undermines the government’s compelling interest in providing women access to preventive health care under the ACA, including contraceptive coverage. Whether a woman uses contraception should be a private decision not subject to a financial veto by her employer. The Affordable Care Act guarantees the majority of women coverage for comprehensive preventive health services, including contraception.  Imposing additional financial burdens on a woman because her employer claims to hold certain beliefs contrary to the law is harmful and sets a dangerous precedent. Corporations are not people, but a 5-4 majority of the highest court in the land has decided that they should be treated the same when it comes to the First Amendment.”

U.S. Sen. Al Franken (D-Minnesota):  “I was very disappointed to see the Supreme Court’s decision this morning in Burwell v. Hobby Lobby. This ruling will deny women access to the health care services they need and their doctors prescribe. A woman’s boss should never be the one to make health care decisions for her-these decisions should be between a woman and her doctor. Ninety-nine percent of women use birth control at some point in their lives, and more than half a million women in Minnesota have benefited from the requirement that insurance companies provide preventive health services free of charge-including contraception.”

U.S. Sen. Bernie Sanders (Ind-Vermont): “Bosses should not be able to impose their religious beliefs on their employees. This ruling is another attack on the rights of working people by the 5-4 conservative majority on the Supreme Court.  At a time when tens of millions of women use birth control, there is no valid reason to restrict a woman’s access to safe, widely-used preventive services simply because her employer does not approve of what should be her private medical decisions. This ruling undermines the government’s interest in providing women access to preventive health care, including contraceptive coverage.”

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San Diego Jewish World staff report