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I have been having a tag comments with a legal expert here at Daily Kos about the Hobby Lobby decision.  Needless to say I've become rather disillusioned that there would be any solution at all.  

My Grandmother was an outspoken supporter of birth control back in the 1930's and 1940's.  I did not think I would be fighting this fight in the 21st century for my daughters.  I'm sick of this being allowed to become a divisive cultural issue rather than settled law.

It appears most here on DailyKos are in agreement on this subject.  I just don't think that infighting among those that generally agree and are on the same team is productive.

A legal expert that posts here offered an opinion to wait to see if the Obama administration "solution" offered by SCOTUS works.

Since the SCOTUS have already widened the ruling to include all forms of Birth control and have basically stayed the religious waiver work around while they go on vacation.  That solution is going to be unclear.

The second solution would be making changes to the Religious Freedom legislation.  This would have to pass the House and would likely take years to pass.

My concern is that by not making bold claims that the Hobby Lobby decision violates the religious freedoms and equal protection of their 17,000 employees we just go on accepting the status quo.  We give up the just cause that women's health is a serious issue and deserves to be covered at the same level as men's health.  

I understand that lawsuits do not solve every problem and they take time to come to resolution.  But this issue, the ability to control your health, your own body and decide when and if you choose to have a child is worth fighting for.

It appears we need a legal team such as the group helping to overturn marriage equality issues......are the any constitutional lawyers out there that feel passionately about a women's health and right to choice?

Do we have anyone else here at Daily Kos that have expertise we would need?

I'm serious about looking for those that may be willing to work outside the box or expand the damned box to find a solution to the Hobby Lobby and recent court decisions limiting women's health.

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Comment Preferences

  •  Tip Jar (2+ / 0-)
    Recommended by:
    libera nos, enhydra lutris

    I do think the patriotic thing to do is to critique my country. How else do you make a country better but by pointing out its flaws? Bill Maher

    by gtghawaii on Sun Jul 13, 2014 at 02:07:18 AM PDT

  •  A third approach would be piecemeal: states can... (3+ / 0-)
    Recommended by:
    enhydra lutris, nextstep, gtghawaii

    A third approach would be piecemeal: states can pass their own laws requiring state plans to offer all contrceptives. RFRA doesn't apply to state law, and ACA expressly contemplates states adding more requirements for insurance plans. That doesn't help people in red states, but Hobby Lobby etal employees in blue states would benefit.

    •  Piecemeal concept is frustrating (2+ / 0-)
      Recommended by:
      enhydra lutris, gtghawaii

      States do so many stupid things.  Especially when it comes to women's health rights.

      Women are especially frustrated about that.  If we live in a red state, we've been under assault for years on women's health issues.  If don't, we've been mightily frustrated watching what's going on in red states.

      Still trying to figure it all out

      by CindyV on Sun Jul 13, 2014 at 06:03:28 AM PDT

      [ Parent ]

  •  Thank you for posting this gtg (2+ / 0-)
    Recommended by:
    tardis10, gtghawaii

    I feel your pain.  This whole thing stinks.  It is especially hard to take after watching the slow crumbling of women's right to choose.

    Still trying to figure it all out

    by CindyV on Sun Jul 13, 2014 at 06:06:59 AM PDT

  •  Not an expert (0+ / 0-)

    But the primary issue with the Hobby Lobby case had to do with the employer being the one that provided the insurance.

    The solution seems to be an expanded Medicaid program or single payer. That takes out two middle-men (insurance companies/employers) and allows for tax expenditures on health-related issues.

    I could be wrong, but we all have certain things we'd rather our tax dollars didn't go to. It doesn't stop the government from spending money on those services.

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