Are we not men

2 07 2014

I freaked out about Hobby Lobby a few months ago, so while I was pissed at the ruling, by the time it arrived I was all freaked-out.

There’s a shit-ton of good (and lousy) commentary out there about the ruling—which means I’ma gonna pass on Fisking Alito’s decision (which, by the way, Supreme Bad-Ass Ruth Bader-Ginsburg does just fine in her opinion, beg. on p. 60) and tick off a few hits:

1. This decision is terrible for equal protection of the law, offering an out from laws of general applicability, based on the sincerely? insincerely? held beliefs of those seeking the out.

Yes, Alito & Kennedy say, No, no, that’s not what we really mean, but whether or not they are sincere in their meanings, that will be the practical effect.

2. It is difficult to see how the courts and the Court can avoid favoritism in choosing to exempt contraception-banners but not transfusion- or psychiatry-banners. [see point 3, pp. 5-6]

Which means they either engage in favoritism, allow Congress to engage in favoritism, or allow the exemptions.

3. It is not at all difficult to see why contraception was singled out as exempt-worthy but transfusions and psychiatry might not be.

Guess! Guess!

4. Given how weird and not-wonderful our politics has become, this ruling may actually work against religious conservatives, and will be used (likely to some effect) in campaigns against Republicans.

Religious conservatives have done a pretty good job of complaining how wee and woebegone they all are, under assault from the gay agenda and atheist meanies and a hostile Obama administration—which complaints, however ginned up, did form out of a juniper seed of fact: a majority of the country now accepts gay marriage, some atheists are mean, and Obama has pushed hard on protections for LGBT folk.

So, religious folks on sexual matters: on the defensive.

Now, however, those same religious folks may lose their “underdog” status and may—may—be seen less as bullied than bullies, or at least as above the law.

Which, y’know, they are.

5. This decision really is bad for women, not just because it makes it easier for employers to deny contraceptive coverage to them, but because it further segregates “sexual health” from “health”.

And no, I’m not even going to begin to link to all of the idiots who think sex is dirty or nasty or not somehow an integral part of human being.

6. This decision, combined with the Harris v. Quinn decision chipping away at public sector unions, is bad for everyone.

As Sarah Jaffe noted,

Attacks on all workers’ rights often come first through attacks on those deemed less important workers. When we decide that birth control isn’t a pivotal issue because it only affects some workers, or that homecare workers’ loss is not a loss for us all, we leave the door open for the next attack.

7. From another angle, it is difficult to see how an expansion of the rights of the corporate person is good for corporeal persons.

This last point deserves more thought, thought which I don’t have right now. Let’s just say that it seems that as the rights of one expands, the other contracts.

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h/t Erik Loomis at Lawyers, Guns & Money for the Jaffe link