Is Contraception “Health Care”? The Hobby Lobby Case

by Lara Freidenfelds

As we wait for the Supreme Court to render a decision on the Hobby Lobby contraception coverage case, I have been pondering the historical relationship between contraception and health care. Is it obvious that contraception should be considered part of “health care?” And would it be possible to decide that it isn’t, but still make it affordable and available? This case seems, to me, to rest largely on whether we think contraception counts as health care. The justices are wary of an outcome that would allow employers to decline to pay for blood transfusions or routine vaccinations, even if an employer might genuinely have religious reservations about those procedures. Those are clearly health care. Contraception, though, seems different. It is prescribed for healthy people, and it does not cure or prevent disease (at least not directly).

Mrs. Winslow's Soothing Syrup for children teething. Advertisement for Mrs. Winslow's Soothing Syrup. This product was for teething children and contained morphine. Card features a mother in bed with her children. She is reading a newspaper advertisement for Mrs. Winslow's Soothing Syrup.

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