Let Freedom Ring!

by John Holbo on July 4, 2014

Well, that didn’t take long. It’s been 72 hours, and the Supremes have flipped from arguing that the administration could have been more accommodating to signing a temporary injunction on behalf of a plaintiff, refusing the terms of the accommodation. Kevin Drum has it about right: “It’s worth noting that quite aside from whether you agree with the Hobby Lobby decision, this is shameful behavior from the conservatives on the court. As near as I can tell, they’re now playing PR games worthy of a seasoned politico, deliberately releasing a seemingly narrow opinion in order to generate a certain kind of coverage, and then following it up later in the sure knowledge that its “revisions” won’t get nearly as much attention.”

Then again, as PR, this seems doomed to backfire generally. Whatever one makes of the legalities, there’s no missing the spirit in which these decisions are being celebrated on the right. It’s hard to believe many women voters will be inclined to say ‘well, if religious liberty means my boss gets to interfere with me getting what the law says I have a right to, in ways that feel very private and non-work-related, without that technically being a violation of my rights, I guess that’s alright. I guess my boss is exercising his rights, even though it feels like I’m taking a little symbolic walk of shame here!’ Conservatives are working hard to console themselves for recent cultural and legislative losses by building a relatively small, largely symbolic patriarchal dominance display out of ‘religious liberty’. But I’m guessing most women voters are not interested in playing the role conservatives want to cast them in here – i.e. being the loose woman rightfully, if only symbolically, scourged by the spiritually superior employer, all in the name of ‘liberty’. There is no way to make this little morality play palatable to conservatives without making it unpalatable to most women. A lot of conservatives are taking a ‘what’s the big deal!’ line, while at the same time making it clear that, to them, this is a big deal. It’s really not realistic to suppose women will be more immune to the symbolism of the drama than conservatives themselves, however it plays out in terms of provision of birth control to women who need it.

Happy 4th of July! Freedom is a great thing, if only we could agree what it is!

UPDATE: it occurs to me someone is going to complain that I’m cruelly indifferent to the real harm done to some poor women by these recent decisions. In fact, I’m aware of that. It’s really bad and I hope some workaround is found. It’s not clear one will be, which is a damn shame. Nevertheless, the point of the post is that people are getting exercised by the symbolism of the victory, one way or the other. There is no possible symbolism, along these lines, that will please conservatives, that won’t displease most women, because conservatives are in the market for a way to dominate women, in as public a way as possible, while reassuring themselves this is all just ‘liberty’. And most women aren’t in the market for some way to be publicly subordinated, under cover of ‘liberty’, I’ll bet. In the best case, it will just be symbolic. Who has to sign what piece of paper, etc., rather than women actually not getting certain goods the law promised them. But the very thing that makes it acceptable to conservatives, even if it’s symbolic, is going to make it unacceptable to women, even if it’s symbolic. So: good luck with that outreach to women, conservatives.