Why the Hobby Lobby Case is NOT a “Pro-life” Victory — despite what Conservative Christians Might Claim
Since the Supreme Court struck a decisive blow against women’s reproductive rights last Monday — by granting Hobby Lobby exemption from providing emergency contraception (Plan B and Ella) and IUDs (both the hormonal and copper variety) as part of employee healthcare coverage, my Facebook Newsfeed has been awash with conservative Christians celebrating a “pro-life” victory.
When a friend and I bemoaned the ruling, one of these conservative Christians responded: “So you’re in favor of abortion?” — to which I replied, “The National Center for Health Statistics published a study that showed contraceptive use (including emergency contraception and IUDs) decreased by a third the number of abortions in two decades; so, actually, those on the side of Hobby Lobby seem to be the ones ‘in favor of abortion.'”
Not to say that I don’t believe that women should have access to legal and safe abortion. I do.
Even most conservatives admit that in some cases — incest, rape, and when the mother’s life is in danger — they do too. In those instances, most want access to a safe, legal abortion, and one without judgment, for their sisters, wives, and daughters.
What they don’t realize: the rhetoric they use when discussing abortion, rife with judgment, makes even those instances for which they’d make exceptions less likely to end well for the mother involved.
Mikki Kendall writes eloquently about her harrowing ordeal, when she experienced a placental abruption at 20 weeks and was denied a life-saving abortion by the attending doctor; thankfully a concerned nurse called in another doctor willing to perform the surgery:
“I don’t know if [the attending doctor's] objections were religious or not; all I know is that when a bleeding woman was brought to him for treatment he refused to do the only thing that could stop the bleeding. Because he didn’t do abortions. Ever.
My two kids at home almost lost their mother because someone decided that my life was worth less than that of a fetus that was going to die anyway. My husband had told them exactly what my regular doctor said, and the ER doctor had already warned us what would have to happen. Yet none of this mattered when confronted by the idea that no one needs an abortion. You shouldn’t need to know the details of why a woman aborts to trust her to make the best decision for herself. I don’t regret my abortion, but I would also never use my situation to suggest that the only time another woman should have the procedure is when her life is at stake. After my family found out I’d had an abortion, I got a phone call from a cousin who felt the need to tell me I was wrong to have interfered with God’s plan. And in that moment I understood exactly what kind of people judge a woman’s reproductive choices.”
What kind of people judge a woman’s reproductive choices? The kind that value potential life over living women.
If the goal is — as it should be — to make abortions safe, legal, and rare (b/c let’s just be honest and admit that no one gets excited about having a surgical procedure, please), contraception is key. Again: contraceptive use decreased by a third the number of abortions in two decades.
So, let’s talk contraception. Every major medical institution disagrees with the claim that contraception — even emergency contraception — causes an abortion. Jill Filipovic, a feminist writer recently hired by Cosmopolitan to tackle more serious issues in the women’s magazine, explains:
“The medical definition of pregnancy is when a fertilized egg implants into the uterus (more than half of all fertilized eggs naturally flush out the body, never resulting in pregnancy). Once an egg implants, Plan B and Ella cannot dislodge it or end a pregnancy.
This gets into some sticky territory, because the position taken by Hobby Lobby and many people who oppose emergency contraception is that life begins at fertilization, not implantation, and Plan B and Ella may interfere with implantation of a fertilized egg. Even if we accept that definition of pregnancy and abortion . . . there is no evidence that emergency contraception prevents implantation of a fertilized egg. Instead, it primarily works the way standard birth control does: By inhibiting ovulation and thickening cervical mucus so sperm can’t pass through. Fifth-grade sex ed was a long time ago, so a quick refresher: Pregnancy doesn’t happen immediately after ejaculation. It takes some time for the sperm to swim up into the fallopian tubes, and an egg has to be released to meet the sperm. Sperm can live in the female body for up to five days, and an unfertilized egg can sit in the tube for several days as well. That’s why emergency contraception works even a day or two after sex. Even after the sperm have been released, it can make it harder for them to get past the cervix, and then it can prevent an egg from being available for fertilization . . .
As for IUDs, the copper ones work essentially by killing off sperm before they reach the egg, and according to the latest, most reliable research, neither copper nor other IUDs affect implantation of a fertilized egg. Now, copper IUDs can prevent a fertilized egg from implanting if they’re inserted up to five days after unprotected sex, but the number of women who actually use IUD insertion as a form of emergency contraception is slim to none, given that the cost of the device and insertion can reach $1,000 and requires a doctor’s visit (which is exactly why it’s so important that IUDs be covered by insurance).”
There are those (I’m looking at you, Jim Bob and Michelle Duggar) who refuse to use any contraceptive pill for fear that an egg will be fertilized and then unable to implant — although there is no way of knowing if and when that happens. Still, it’s their right to refuse birth control. The problem is when they, or other conservative Christians who believe as they do, try to limit the rights of other women to make their own reproductive choices.
The other problem? Hypocrisy.
So often the people who fight so hard to limit women’s reproductive choices do not, themselves, offer to raise any of the unwanted or uncared for children in the world (there were 140+ children in my daughter’s Kazakhstan orphanage alone, and there’s an estimated 150,000,000+ orphans worldwide).
Most in my hometown community (proudly conservative and Christian!) reacted to our decision to adopt in one of the following three ways:
(1) my mother tells a family member, “Scott and Nicole are adopting!” and the family member replies with a gasp and “What? They can’t have their own!” (2) my grandmother tells her friend, “Scott and Nicole are adopting!” and the friend replies with a gasp and “What does her mother think?” (3) my mother tells her friend, “Scott and Nicole are adopting from overseas!” and the friend replies, “What if the baby has AIDS?”
I got a response similar to the AIDS one (but with FAS as the disease/syndrome of choice). Mom and I responded to both comments by reminding our respective naysayers that I would, in fact, become a parent with more info than most (e.g. a full medical workup and report) – to which my mother’s friend replied, “Well be careful – because they will lie to you over there.”
My mother’s friend, so critical of those people “over there,” probably couldn’t have picked out Kazakhstan on a map. At this point, though, Mom was more seasoned to such responses and said, sarcastically: “Well, then . . . if the baby has AIDS, I guess we’ll just put him on a boat and send him back.”
What do you do if . . .? Why wasn’t the answer obvious? — especially to so-called “pro-lifers.”
And more hypocrisy. So often the people who fight so hard to limit women’s reproductive choices — especially LOW INCOME women’s reproductive choices — get royally pissed off when these same low income women have children who need to be supported through the welfare system. If they believe, as Michelle Duggar does, that “saying there are too many children is like saying there are too many flowers,” they should jump at the chance to help any woman willing and able to bring a child/flower into the world with the caring of it afterwards.
To believe otherwise is pro-birth but not pro-life.
The final problem? A misunderstanding of both science and Christianity.
What’s most alarming about the Hobby Lobby ruling is that it privileges religious belief over science in a way that affects the medical well-being of others. And it’s dishonest, because — even playing by their own rules (i.e. “The Bible says!”) — conservative Christians lose, because for every Psalms 139 and Jeremiah 1 (the “knitting in the womb” type passages) there is a Genesis 2 (in which man becomes “a living being” with first breath), an Exodus 21 (in which the fetus is not equal to the life of a woman), and Leviticus 27 (in which God tells Moses only to count as people those one month old and older).
Again, and again, and again — in issues of marriage equality as well as in issues of women’s reproductive rights, and more — we’re reminded of the fact that the Bible is contradictory, and rightly so: it’s a reflection of humanity’s search for and understanding of God, and reading it requires that we make interpretive choices about both God and morality. And those choices are our own, not to be imposed on others.
It’s time for a more grown up, sophisticated understanding of faith. Those who are still trying to hold on to Biblical literalism are no doubt thinking, “Mark 10! Truly, I say to you, whoever does not receive the kingdom of God like a child shall not enter it.”
So, we shall practice making interpretive choices. Maybe Jesus isn’t talking about heaven/the afterlife — because, you know, he was interested in establishing a kingdom of God not in heaven but on earth (a la the Lord’s Prayer). Maybe he’s suggesting that the way to make earth a more just, heavenly place is to accept those around you as they are, without judgment or prejudice — to have faith that most people are genuinely good and trying to do the best they can.
Or I suppose you can take “the faith like a child” thing more literally (i.e. that you should be like a child and think about complex issues simply). But, if you decide to keep a theological outlook that’s so stunted, at least do the rest of us a favor and remember that children are neither interested in nor capable of deciding political issues.