On Tuesday, the U.S. Supreme Court heard oral arguments in the case Hobby Lobby brought against the government, in regard to the contraceptive mandate outlined in the Affordable Care Act. This case, more than any other in recent history, highlights the extreme importance of having a diversity of voices on the Supreme Court — especially the voices of women.
David and Barbara Green, the owners of Hobby Lobby — a craft store retail chain — are religiously opposed to four kinds of birth control, out of the 20 that the FDA has currently approved. Ella (sometimes referred to as the “week after pill”), Plan B (the “morning after pill”) and both types of intrauterine devices are what the Greens object to, on the premise that these forms of birth control may prevent implantation of a fertilized egg and thus, be the catalyst for early abortions.
I won’t get into the fact pregnancy does not begin (medically speaking) until after implantation, or the lack of science to back up the claims these birth controls prevent implantation — but let it be known their very premise is flawed.
The Greens stated that providing these forms of birth control through their insurance plans to their employees violates their religious convictions.
This issue is one that directly affects every woman in America and their right to universal access to contraceptives — which the ACA guarantees. While Hobby Lobby is bringing this case in regard to their own company, the Supreme Court ruling could affect the ability of other companies to decide to not provide these four (or all) forms of birth control to their female employees.
During the oral arguments, it became glaringly obvious where each of the justices stood, with Justice Sonia Sotomayor, Justice Elena Kagan and Justice Ruth Bader Ginsburg adamantly skeptical of Hobby Lobby’s claims. Twenty-eight of the first 32 questions to the Greens’ lawyer Paul Clement came almost rapid-fire from these women.
Those in support of Hobby Lobby may pull the ad hominem classic, “Well of course they are against Hobby Lobby, they’re women!” Yes. They are women — three women seated on the bench in the highest court in the land who represent the voices of 50.8 percent of the population.
More than half of the people in United States of America are women, according to the 2012 U.S. Census. The first female justice was not appointed until 1981.
It wasn’t until 2010 that Elena Kagan became the fourth woman on the bench in history — and for the first time, part of a supreme court with three female justices at one time.
In a country where sexism still exists at a systemic level, where women make less than men in the same positions, where women’s reproductive freedoms are a constant battle and where women hold less than 20 percent of congressional seats — it remains of the upmost importance for women to be represented in the Supreme Court.
It takes a woman to fully understand what other women face in our country, and it takes women to advocate for the rest of us. While individual men stand out throughout history as being champions for women’s rights, as a group, men are historically pretty bad at understanding — much less advocating — for women through legislation and court decisions.
The majority opinion on this Supreme Court case may not turn out the way we might hope. But it is encouraging to see that one-third of the voices on the bench are speaking for the rights of half the country. I hope we continue to see diversity on the Supreme Court — more women, people of color and members of the LGBTQA community.
Until there is equity in leadership, there can’t be equity in our society.
Kaitlin Moroney can be reached at [email protected]