The Obama administration is coming in for criticism from the liberal side of the aisle today, after the Department of Health and Human Services rejected an FDA request to make the Plan B emergency contraceptive available over the counter to women of all ages.

The official reason given by the HHS’s Kathleen Sebelius: concern that 11-year old girls wouldn’t be able to understand the product’s labeling and use it appropriately. Judging from reactions at LGF, a lot of people think this is just an excuse, and that the real reason was pressure from the religious right.

Here’s an article by Hannah Levintova that makes some good arguments against this decision:

1) It ignores sound science: As Nancy Keenan, president of NARAL Pro-Choice America, says in an agency press release, “Experts like the American Academy of Pediatrics long ago recommended that this emergency contraceptive medication be available for women of all ages.” Moreover, the FDA concluded that over-the-counter use of Plan B is safe for women of all ages.

2) All women will be carded before purchasing Plan B: “Because of this unprecedented overreach, emergency contraception will no longer be stacked on shelves,” explains Erin Matson, Action Vice President of the National Organization of Women (NOW). This means that women of all ages will have to approach the pharmacy counter to get Plan B, producing either a doctor’s prescription (if they are below 17) or identification that proves their age. For comparison, consider some other things society cards us for: alcohol (which hurts the brain, stomach, and nervous system, among other things), and cigarettes (which cause lung cancer).

3) Plan B won’t work as well: Plan B works best within 72 hours of conception, and it’s likely efficacy decreases as time passes. Forcing adolescent women to make a doctor’s appointment, get a prescription, and then tote it over to their local pharmacy actually lessens their chances of successfully preventing a pregnancy with Plan B.  

4) Minors can more easily conceal abortions than emergency contraception from their parents: Of the 36 states that require parental consent or notification for a minor’s abortion, all but one (Utah) give minors an alternative to telling their parents. Minors can have another adult relative be notified of or consent to the procedure, or they can obtain a “judicial bypass” (approval from a court). Most states also include provisions allowing doctors to waive parental involvement in the case of a medical emergency or in cases of parental abuse, assault, incest, or neglect. The new Plan B decision leaves no obvious wiggle-room—it’s a blanket requirement. Given that teens below driving age would likely have to tell their parents of their need for Plan B to get to a doctors office, this means that laws regarding abortions for minors are now more lenient than are laws regarding minor use of emergency contraception. Huh?

I’d point out that if the Republican Party were to get its way, emergency contraceptives like Plan B would be banned outright, so we shouldn’t lose sight of that.

It’s interesting that to the religious right, an 11-year old girl is too young to make the decision to use contraceptives, but old enough to bear a child and take care of it.