FR: Never Accept the Premise of Your Opponent’s Argument
Politically correct interpretations of the Equal Protections Clause of Section 1 of the 14th Amendment (14A) aside, the states have never amended the Constitution to give women the right to demand that their employers pay for their contraceptives. In fact, justices from the same generation that ratified 14A had officially clarified that 14A added no new protections.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
So since women did not have the constitutionally enumerated right to demand that their employers pay for their contraceptives before 14A was ratified, they still don't have such a right.
So what left-leaning members of Congress, the three female justices, and Hillary Clinton need to do to establish such a right within the framework of the Constitution is the following. They need to encourage Congress to propose an amendment to the states which would give women such a right. And if the states choose to ratify the amendment then the right will be constitutionally enumerated and the left-leaning members of Congress, the three female justices and Clinton will be heroes.
Little do they realize that what was really on the minds of the men in Congress who wrote the amendment was that women would have the right to have "morning after" pills paid for by their employers. Of course such pills didn't exist yet, but they were farsighted statesmen who could foresee that such pills would someday be invented. They certainly would not want a woman who was seduced by a man like themselves to be punished with a baby.