The recent policy set forth by the United States Conference of Catholic Bishops brings up a couple of key issues that make reference to the Bill of Rights contained in the U.S. Constitution.
On the one hand the Catholic Bishops have objected to the Administration’s policy ruling that requires religiously affiliated organizations to provide their employees access to contraception. The requirement to provide these services is included in the Healthcare Reform Act. They claim this requirement interferes with their 1st Amendment right to practice their religion. On the other hand denying women equal access to preventive healthcare services may violate women’s rights under of the Civil Rights Act.
First, we must examine the position the Catholic Church holds in the world to ask; is it a church, are the bishops individuals, or is the Church and its leaders acting as a sovereign nation. We all know that Vatican City is considered to be a sovereign nation; the Pope is looked upon as a Head of State, and the Vatican holds a seat at the United Nations. This level of presence given to the Holy Catholic Church takes it far beyond individuals practicing their religion. Does this special status actually place the church in the realm of being considered a government?
This now brings up the point of just who has a constitutional right and whose right is being violated. The U.S. Constitution, through the Bill of Rights, was intended to limit the power the government can impose upon an individual. Is the Conference of Catholic Bishops, acting under authority of the Catholic Church, exercising their right to practice religion or are they attempting to impose policy as a governmental body? Does the status, provided to the Church, grant them protection under the 1st Amendment or should the Bill of Rights be applied to limit the Vatican’s (Catholic Church’s) power over the individual by requiring them to include access to contraceptives in their healthcare plans.
Under the Civil Rights Act, women are protected from discrimination on the basis of sex. The Healthcare Reform Act requires that specified preventive health services be provided with no co pay. This is required to be provided across the board to all citizens. Refusing to pay for contraceptives, in an employee healthcare plan, disproportionately impacts women and this is where the constitutional issue may occur.
A good analogy would be if a company refused to pay for preventive care for sickle cell anemia. This blood disease can affect all people but since the vast majority of cases affect African Americans**, not including it along with other forms of preventative healthcare could make it a violation of their civil rights
So, here we are. Do we to take the side of a government body refusing to provide its employees equal access to preventive healthcare; or, does the Bill of Rights provide protection to the individual, in this case women’s access to preventive health services.
One thing is for sure; The Catholic Church can’t have it both ways. They’re either a sovereign authority or they’re not. When there appears to be a conflict in the Constitution, the benefit of the doubt should always go to the rights of the individual over the institution. In the end the use of contraceptives is matter of choice that every individual woman has the right, or should have the right to make.
** Note. According to the Sickle Cell Disease Association of Illinois, the rate of sickle cell is 1:500 births in African-Americans and 1:58,140 in Caucasians.