A rose by any other name

I’m sure that you recognize the phrase. It’s from Romeo and Juliet. So, let’s consider the question, “What is Health Care?”

I read in my Daily Kos email today that a Wyoming Judge declared the state’s recent abortion ban unconstitutional because the state’s constitution says that every person has the right to make their own health care decisions. Not to be stymied, the Republican legislature passed a law declaring that abortion was not health care. WTF? The same judge suspended this new law until it can decide what is and isn’t health care.

So, let’s pause here for a moment. Let’s consider two distinct but related questions. First, if abortion isn’t health care, what else is not health care? How about cosmetic surgery? Bariatric surgery? Physical Therapy? Psychiatric care? We’re going to need a complete list.

Second, if abortion isn’t health care what is it? Is it an interpretative dance? Is it a floral arrangement? Perhaps it is a legislative brain fart? We need to classify it so that it can be reliably distinguished from health care in a specific fashion. For instance, if abortion in cases of reported incest or rape (as stipulated by the Wyoming abortion ban) is health care, why is it not health care in the case of ectopic pregnancy or any other unwanted pregnancy?

I think that when legislatures start to pass laws that interpret the state constitution rather than amending the constitution, legislators or congresspersons are treading on uncertain ground. Worse yet, when a legislature passes a law eliminating a constitutional right, are not all constitutional rights at risk?

Of course, I’m not a lawyer. Let’s see how the judge rules.