Thursday, May 24, 2012

A curveball gift from Arizona.


Already in the State of Arizona, forces are at work to fight the new absurd law that allows an employer to challenge a female employee’s taking of contraceptives paid for by company insurance.

The real twist to this issue is how the employer will know if the employee is doing such. There are two ways under the new law they can find out. One is to ask. That in itself is a violation of privacy. It is like asking on an interview what religion are you or are you gay or lesbian. Not cool. Even the conservative courts have sent that one back down stream with huge reprimands. There are some things even conservative justices won’t stomach. The other method is to find out information from the insurance carrier in the form of a financial audit.

As this begins to unfold, it reveals a huge chink in the armor of those who would fight women on the issue of privacy concerning their birth control methods. An argument for the Arizona law would affectively ruin the HPPA statues in America and a free-for-all would ensue; marketing to you and to me based on our very private medical records. No court in America is going to allow that to happen. And if they do, the Second American Revolution will be just days behind the ruling.

So that means that the courts will more than likely find that the Arizona law violates a person’s privacy and will be held to be unlawful; if not unconstitutional at the same time. So what you say! Here is where this could take us.

If the courts rule that Arizona overstepped the bounds of the law in violating an individuals right to privacy, the house of cards for all this anti-Roe v Wade legislation sweeping state legislatures across America just came tumbling down based on the same logic. Arizona’s statue could be the underpinning that releases common sense back into the argument that government has no right to be involved in any person’s decision regarding medical advice and treatment either by decree or by license of another party’s actions in its place.

If you can’t invade my privacy in Arizona about contraception techniques, you can’t invade my doctor-patient privacy about any healthcare decisions. Not in Arizona, not in Texas. Not in any corner of the Union. Privacy would, in fact, become protected.

So as worked up as we are about the stupidity of Arizona’s law, they might have given us a real present in the long run. They may have given us the precedent to uphold Roe v Wade finally as an act of protecting privacy as part of the American fabric of life.

Now wouldn’t that piss the extreme right off!

Now it is up to the courts to decide. We either have privacy or we have anarchy. Courts love stability. Guess which they will choose.


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