Julie Rovner follows up on a report she did for NPR in 2012 noting that Hobby Lobby and other corporations who want to deny women coverage for birth control are still discriminating on the basis of sex and pregnancy under the Pregnancy Discrimination Act, as determined by the Equal Employment Opportunity Commission in 2000. Furthermore, 28 states require insurers to cover FDA-approved contraceptive drugs and devices; 20 of those states offer religious exemptions, just as the Affordable Care Act did before yesterday's Hobby Lobby ruling, but few if any go as far as saying private corporations can hold religious beliefs and get out of covering contraception.
South Dakota has no such independent contraceptive requirement for insurance policies. Rep. Joni Cutler tried to create one with House Bill 1156 in 2010, but the bill did not pass the House. Senator Ed Olson offered a more general defense of contraception in 2008 with Senate Bill 164:
...It is the public policy of this state that the interest in freedom from unreasonable government intrusions into the private lives of citizens, and specifically the right of consenting individuals to obtain and use safe and effective methods of contraception without interference by governmental entities, shall be safeguarded and that the laws of this state shall be interpreted and construed to recognize and protect these rights [2008 SB 164, Section 2(3)].
Senator Olson's bill also would have clarified that contraception is not governed by South Dakota's abortion statutes, including the statute that allows pharmacists to refuse to fill prescriptions if they think those prescriptions will be used for abortions... the same false pretext under which Hobby Lobby won its battle in the war on women before the Supreme Court yesterday.
Worth noting: both Olson and Cutler are Republicans. They are no longer in the Legislature, but they demonstrate that when South Dakota Democrats blast the Hobby Lobby ruling and demand that health care decisions be made by women and their doctors, not their bosses, they can find a few allies and win a few votes across the aisle.