In New Hampshire, a state with its own libertarian (note the small “l”) bent, the U.S. Supreme Court decision in the so-called Hobby Lobby case will cut both ways as the election moves closer.
While abortion is often subject to debate here, the issue of contraceptive coverage was thought to be settled. New Hampshire has a 15-year-old state law that requires employers to cover contraceptive services. Supporters of that law now fear that it may be challenged as a result of the Hobby Lobby decision. From a political standpoint, the issue – and the GOP candidates’ reactions to it – will not help their efforts to close the gender gap.
When we get to the fall, the Democratic Party will certainly not let anyone forget that candidates Walt Havenstein and Scott Brown, while declaring themselves to be pro-choice, supported the 5-4 decision, which said that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. The ruling meant that corporations owned by religious families cannot be forced to pay for some contraception coverage for their women workers.
Although the conservative majority said the decision was narrowly focused, applying only to “closely-held” for-profit corporations that operate on religious principles, the dissent said the opposite – that the ruling could apply to all corporations and to countless laws.
Brown and Havenstein tried to walk a fine line. “Scott Brown supports women’s health care and access to contraception, but by injecting government into every aspect of our lives, Obamacare threatens all our freedoms. The best solution is to repeal it,” said campaign spokesman Elizabeth Guyton early in the week.
On Wednesday, Brown, on appearing on WXL radio’s “New Hampshire Now” with Chris Ryan (link), reitereated that he has “always supported women’s health care and access to contraception, but by injecting government into every aspect of our lives, Obamacare threatens our freedoms.
“I’ve supported in the past and will continue to support the right of people of faith to practice their faith. And even though that may be out of touch with social opinion, it’s a narrowly drawn case.” He said that Hobby Lobby “is still providing I believe 16 contraceptive opportunities for women to get that care and coverage. There are four that they objected to.”
Brown, as a U.S. Senator from Massachusetts, co-sponsored the Blunt Amendment, which would have allowed employers to opt out of covering birth control if the contraceptive coverage was at odds with their religious or moral beliefs. The measure failed in the Senate.
Sen. Jeanne Shaheen, expressing disappointment in the decision, launched a petition on her campaign web site blasting Brown for a “dishonest” statement on the decision and pointing out his support for the Blunt Amendment. Her campaign organized a roundtable after the decision at which women, including Shaheen criticized it – and Brown.
Shaheen told the Concord Monitor, “I think that distinction will be clear to women throughout this campaign.”
Havenstein, who, like Brown, describes himself as pro-choice, said he supports “women’s access to health care,” but said the decision “has exposed one of Obamacare’s fundamental flaws, which is that it imposes a one size fits all answer to every circumstance.”
The state Democratic Party said the statement showed Havenstein “can’t be trusted on women’s health issues.”
Gov. Maggie Hassan, on her official state web site, called the ruling disappointing but said, “I’m optimistic that employers will continue providing coverage for family planning services because it’s the right thing to do for workers, it will help businesses attract high-quality employees, and it will strengthen the economic security of working families.”
But in a campaign email, she expressed outrage: “Like any woman in America right now, I am absolutely shocked by the Supreme Court’s decision to side with big, conservative corporate interests and deny women access to birth control.”
Lining up in favor of the majority opinion were all of the other Republicans running for top offices – except one . . . . Alone in silence was the other 1st District GOP candidate, Dan Innis, whose campaign adviser said he had no statement. When we followed up by asking if he WOULD have a statement, we received no response. Innis has described himself as pro-choice.
As expected, Democratic Rep. Carol Shea-Porter called the decision “incredibly disappointing” on an issue that “was seemingly settled decades ago, and most companies and institutions had been offering birth control coverage as part of a health care package without controversy. “This decision will only make some women’s lives even more difficult, and leaves me wondering what’s next from this activist Supreme Court.” Kuster posted on Twitter: “Hobby Lobby decision puts bosses’ religious beliefs before workers’ access to healthcare.”
What’s it all mean? Possibly trouble for the GOP if access to birth control is stressed, as expected, by the Democrats. The Affordable Care Act, overall, may not be popular in New Hampshire, but there has never been – at least in this state – any overwhelming outrage expressed over the contraception provision or the state’s own contraception law.
The reactions to this decision could well broaden the gender gap, and make it more difficult for the GOP in what so far has been generally shaping up as a GOP year. As Jess McIntosh, communications director at EMILY’s List wrote in the Wall Street Journal on Monday, “The gender gap favoring Democrats has widened as access to birth control has grown as a political issue. The 2014 midterm map favors Republicans, but this issue in particular does not.”