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News & Current Events Apr 15, 2026 at 5:10 PM

Federal court rules Oregon law requiring insurance to cover abortion, contraception unconstitutional

Posted by AudibleNod


Federal court rules Oregon law requiring insurance to cover abortion, contraception unconstitutional
opb
Federal court rules Oregon law requiring insurance to cover abortion, contraception unconstitutional
The scope of U.S. District Court Judge Mustafa Kasubhai’s ruling won’t be known until next week at the earliest, but his temporary ruling sides with Oregon Right To Life, the Keizer-based nonprofit that filed a lawsuit in 2023.

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AudibleNod 3 days ago +370
>“At this time, we do believe the impact is limited, as this ruling addresses a specific religious exemption claim brought by one organization,” Oregon Attorney General Dan Rayfield said in a statement Tuesday. The full ruling isn't out yet and so far only 'Oregon Right to Life' is exempted from covering abortions, contraception in its insurance.
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moreobviousthings 3 days ago +136
States regulate insurance. It would not be unreasonable for Oregon to require insurers to *explicitly highlight* that they do not provide that coverage and that other providers may be able to provide it.
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Moveyourbloominass 3 days ago +306
That's truly some patriarchal bull c***. I bet V***** and C***** are covered under insurance policies, but f*** women having the same care and coverage.
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MetaTrombonist 3 days ago +116
For women, having babies is no longer worth the risk of imprisonment and death.
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Pour_Me_Another_ 3 days ago +57
It's also just nice to have the option to not have kids, which annoys "freedom-lovers", lol.
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snollygoster1 3 days ago +55
As a childless 30 year old it just seems not worth it monetary wise either. How can I provide a good life for children if I can barely afford to live on my own?
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upgrayedd69 3 days ago +7
It’s really hard for sure. Daycare itself is as much as my mortgage and that’s only because I can keep her home two days a week. Honestly probably restricts us to waiting till our daughter is in kindergarten to have another if we even do at that point because we can’t afford two kids in daycare.
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richardelmore 3 days ago +8
V***** is not covered by most health insurance companies and is definitely not required to be covered by law, so in this specific instance there is no mismatch in coverage between men and women.
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Moveyourbloominass 3 days ago +30
Most insurance companies, including major providers like Aetna, Anthem, Cigna, and Blue Cross Blue Shield, often cover generic V***** (sildenafil) when deemed medically necessary. However, brand-name V***** is rarely covered. Coverage usually requires prior authorization, a diagnosis of erectile dysfunction, and typically covers only 4–8 tablets per month. BuzzRx
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richardelmore 3 days ago -26
Perhaps in a "considered medically necessary" situation but not on an elective basis and not legally required. Coverage of elective use of contraception (with no copay) is mandated by the ACA; so as I said before this does not support a claim of preferrable treatment for men.
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HYDROMORPHONE_ZONE 3 days ago +3
You say that but with lower scheduled drugs, mainly IV and V, and non-scheduled drugs, it’s a lot easier to obtain them. You could download Hims right now, I think they operate like this, and without ever speaking to a doctor, answer a few questions, get a diagnoses of erectile dysfunction, and have your drugs on the way
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No_Street8874 3 days ago +10
True, v***** is also not a required medical procedure like abortion can be.
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Twodogsonecouch 3 days ago -8
This annoys me so much on another level.. basically if you are above 40 and you need this its because youre unhealthy and probably should worry less about getting it up and more about treating your diabetes, high blood pressure, cholesterol, and poor cardiovascular fitness. Should have to have that stuff under control before you can qualify for boner pills.
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sweng123 3 days ago -6
Where do people get this idea that health insurance covers boner pills?
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Moveyourbloominass 3 days ago +10
They sure do in generic form.
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sweng123 3 days ago -9
Some do. The majority still don't, as they classify them as "lifestyle" medications.
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Moveyourbloominass 3 days ago +10
Actually, the majority do cover the generic. Look it up.
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sweng123 3 days ago -4
It sounds like we both have, and came up with different results. To be clear, I'm on your side. Insurance should absolutely cover womens' reproductive health, for a multitude of good reasons. But from what I've found, it's not true that the majority of health insurances cover V*****, even in generic form. I've seen that claim made as a talking point for contraceptive coverage, but have never been able to find evidence that it is true for most or even the majority of insurances. Thank you for engaging. Again, I support your overall point and wish you well, whether or not you engage further. If you feel inclined to point me to evidence supporting your claim, I'll happily change my mind.
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Moveyourbloominass 3 days ago +4
Most insurance companies, including major providers like Aetna, Anthem, Cigna, and Blue Cross Blue Shield, often cover generic V***** (sildenafil) when deemed medically necessary. However, brand-name V***** is rarely covered. Coverage usually requires prior authorization, a diagnosis of erectile dysfunction, and typically covers only 4–8 tablets per month. BuzzRx Even Medicare part D covers the generic.
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sweng123 3 days ago +2
Thank you for this information. I believe "when deemed medically necessary" is doing a lot of heavy lifting here and gets at the root of the disconnect. It does in fact cover sildenafil, the generic form of V*****, but not for ED. Here's a good article that dives into it: [Is V***** covered by Medicare?](https://www.medicalnewstoday.com/articles/medicare-and-viagara-coverage-options-and-costs) >Does Medicare cover generic brand V*****? Original Medicare might cover the generic form of the medication, sildenafil, in certain circumstances if a doctor prescribes it for a different, medically necessary condition. This is because sildenafil can treat conditions other than erectile dysfunction (ED). For example, doctors may use it to treat pulmonary arterial hypertension under brand names such as Revatio or Liqrev. ... Some Advantage plans also include additional prescription drug coverage similar to Part D. That said, similar to Original Medicare, Medicare Part D sees the treatment of ED as a lifestyle-enhancing aid rather than medically necessary. In general, Part D does not cover drugs that treat ED, including V*****. This is unless a doctor prescribes them for different, medically necessary reasons for which the Food and Drug Administration (FDA) has approved their use. However, some Part D plans may not cover V*****, or even sildenafil, if a doctor prescribes it off-label to treat a different medical condition, even if they state it is medically necessary.
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Twodogsonecouch 3 days ago -1
Im not saying insurance pays. Im saying shouldn’t get a prescription for em.
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sweng123 3 days ago +2
Ah, thank you for clarifying.
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Euphoric_Anxiety_162 3 days ago +23
No more babies - not in this awful world!
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ProfessionalCraft983 3 days ago +26
I made the decision years ago not to bring any children into this world. Given the way things are going, having kids now almost feels like child abuse.
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Apprehensive_Call790 3 days ago
Where are the republican voters going to come from if not from poor uneducated parents. Keep us poor and stupid to grow up and vote red 🫡
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Spire_Citron 3 days ago +4
Until suddenly all of them decide they're deeply religious just so they can deny coverage.
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Indercarnive 3 days ago +123
So the key thing is the law already includes an exemption for religious organizations. The party suing is saying they weren't granted a waiver but deserved one. Without the written opinion, which won't be released until later, it's hard to say how far reaching this decision will be. Likely just makes the barrier to be called a religious organization and get a waiver easier. But it could just be as specific as only regarding this individual organization. It's also, unfortunately, likely the correct legal decision after the ninth circuit appeals ruled the organization was indeed religiously based.
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No-Drama-in-Paradise 3 days ago +19
Ding ding ding! I can see the argument (whether you agree with abortion/contraception being covered by insurance) that Oregon cannot force religious insurers to cover procedures they view as being antithetical to their religious beliefs. Not saying I love that argument, but that seems like a clear first amendment argument, and one that TBH would likely be viewed favorably by federal courts. Because of this, I would guess the courts are always likely to err on the more lenient side of broad exemptions rather than the narrower purview that Oregon was arguing for. The more troubling outcome is that the Court rules that Oregon cannot regulate whether private insurers - regardless of religious affiliation - cover abortion and contraceptives at all. Not only does this hurt Oregonians (and others) who may find themselves unable to get coverage for these services, but it would open up a lot of additional legal issues around regulation of insurers as a whole. Essentially, such a ruling would the view that such regulation would be violating the rights of individual employees rather then organizations at large (I.e. by forcing insurers to cover abortion you are violating the rights of the individual insurance salesmen, not the rights of the broader company issuing the insurance). And if this is the path they take - the broader ruling that the law itself is unconstitutional- you open up a wide range of regulatory concerns. Can the state force insurers to cover childhood immunizations if there are religious orders that believe such medical treatments are antithetical to their religious beliefs. And because there are few medical procedures that do not have some religious detractors, my biggest fear would be that such a ruling, eventually, could lead to strict guardrails to when and how the government can regulate what insurers must cover, and ultimately the formation of ‘ghost’ insurance companies targeting the poor (and those not covered under an employer) that only provide very limited coverage for ideological reasons (think that they refuse to cover immunizations), but are not required to disclose their religious affiliation. Now, I suspect we will read the decision and it will take the narrow view that Oregon is required to recognize the appellate’s religious exemption, because to do otherwise would be inconsistent, in my view, with the Kim Davis case in which an individual clerk refused a court order to issue marriage licenses to gay couples due to personal religious beliefs.
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Hyperious3 3 days ago +40
here's a better idea: don't let religious nutjobs act as health insurance providers. Their personal beliefs should not be allowed to interfere with patient care.
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PandaJesus 3 days ago +14
Building off this great idea, we shouldn’t have religious exemptions in the first place. It just allows an organization to say they think the law shouldn’t apply to them because they really really don’t want it to.
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ObeseObedience 3 days ago +24
Say it with me:  CORPORATIONS. ARE. NOT. PEOPLE.  Corporations, companies, etc. are not granted rights by the constitution.  " Oh no, what if we're forcing a corporation to take a stance against their religion?!" CORPORATIONS DO NOT HAVE A RELIGION.  We're not forcing the CEOs (people) to do anything. They have their own money, and can do what they like with it.  If a corporation wants to play in our game, they have to play by the rules.  F*** this noise 
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Awesomeuser90 2 days ago +1
Yes they are. You do not want to live in a world where corporations do not have constitutional rights. Russia is one place where they don't. Individuals are not usually targeted by the state for many acts of individual dissent or deviance from societal issues such as being gay, but organizations are, such as many of the media groups that dissented from Putin's regime and others like P**** Riot. This was an even bigger deal as Russia became more and more illiberal in the 2000s and early 2010s. It was extremely effective at seizing control. Do not let Trump do the same. The issue at play is that it is not a right of anyone to claim so falsely that abortion and contraceptives are not healthcare for females as important to them as lithium is for depressed patients or antibiotics are for people with tuberculosis.
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Clean_Figure6651 3 days ago
What are you on about? No one has said corporations are people, thats some noise made about Citizens United but was never said anywhere. Corporations are made by people and can be used to further their interests. If you make a business selling t-shirts to support the LGBT community, can a municipality tell you that you cant do that because they dont support your message? No, of course they cant, because you have the right to free speech, and your business does as well. Braindead take
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ObeseObedience 3 days ago +2
Selling t shirts is not a government regulated endeavor.  Selling insurance is
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engin__r 3 days ago +70
It’s absolutely ridiculous that the courts let companies decide what kind of medical care their employees get. It’s not my boss’s business what kind of treatment I get any more than it is what I spend my paycheck on.
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RandyOfTheRedwoods 3 days ago +25
Your beef should be with the fact that we buy our healthcare from our employers. There was a reason it was started back in the day, but it shouldn’t still be true. As you say, this isn’t something your employer should have a say in.
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markth_wi 3 days ago +54
And absolutely nobody should do business with any private insurance firm in ANY state if they don't carry full coverage for contraception and full medical services regardless of gender for any legal medical procedure. Make it stone-cold clear to any insurance provider and public insurance providers that imposing someone else's religious/sexual f***** on the rest of civic society is unacceptable.
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theknyte 3 days ago +31
Well, most people don't get to pick their providers. They get whatever their jobs give them.
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markth_wi 3 days ago -2
Small businesses are owned by regular people, picking good agencies and firms tilts the market. Dealing with insurance agencies that have to operate in 50 states works well because they support the most tolerant state and as is not uncommon. That religious fetishists think they can yank the chain the other way is either an excellent way to try to promote ideologically pure insurance providers. But this ends incredibly fast if someone were to try to impose their religious f***** on them. It's an ideological monkey trap, solved decades ago, because whether you're red, blue, yellow, pink, purple, **money is green.** Winning court cases that do not objectively support tolerance plays exceptionally well until a couple of the Supreme Court justices die off, Religious fetishists are hoping in this moment to try to scare insurance firms into compliance.
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snollygoster1 3 days ago +9
That would only be possible if insurance wasn't tied to employment
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no_one_likes_u 3 days ago +9
This isn't coming from the insurance companies. This is a religious org suing saying they shouldn't have to include these coverages for their employee's in the insurance plan at work. This is already (sadly) the case for thousands of companies that claim religious exemptions to providing these coverages. Kind of a nothing burger, click bait title.
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markth_wi 3 days ago +1
Religion is like every other human invention it's either useful or it is not. In this regard, our society really , seriously has to curtail public religious expression of any kind. Not by enforcement than anything other than taboo, and treating it as the defective infectious excuse criminals and predators use and as a society increasingly I find anyone who publicly espouses any religious expression in anything invoving the public civic space is immediately in my Mark Twain bag. **Politicians and diapers should be changed frequently ....and for the same reason.**
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LurkmasterP 3 days ago +36
Funny how states' rights only exist when it's red states fighting against federal protection of people's rights.
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black_foresst 3 days ago +1
These are legitimate reasons for secession from the Union. On top of the other bullshit Trump is pulling like refusing to fund Blue states
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gentlemantroglodyte 3 days ago +11
This is yet another reason why health care insurance should never be provided by an employer.
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CurrentSkill7766 3 days ago +16
Add a few thousand $$$$ to all plans, because pregnancy is really fkn expensive compared to pills.
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sundogmooinpuppy 3 days ago +19
For republicans “states rights” only applies for when republican states want to implement racist or some horrible environmental destruction or something.
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surnik22 3 days ago +16
I always wonder what will happen if someone makes the claim cancer is God’s will and it’s against their belief to pay for insurance that covers cancer treatment. Or a business run by Jehovah’s Witness refuses to cover blood transfusions as a religious exemption Of course that won’t happen and a judge would just say it doesn’t apply to that because mainstream right wing Christianity constantly gets special legal treatment
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nachosmind 3 days ago +7
It requires a federal government that wants to see costs go down. Remember private insurance would deny everything if they could get away with it. Take in premiums and pay nothing out. The federal government needs to sue and regulate them, doctors offices back into submission or else every tax payer is stuck with the bill.
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surnik22 3 days ago +6
Until they find a loophole in the regulations (or pay politicians to have loopholes). For instance the ACA actually mandates insurance companies pay out at least 80% of premiums for care, they are only allowed 20% to cover administration and profit. But like you said, private insurance doesn’t want to pay out money, so instead they just bought up healthcare systems. Now the hospitals, pharmacies, and drug producers are subsidiaries but separate legal entities. Force the insured people to use healthcare owned by the insurance and suddenly they love paying out money. They write a check to themselves and it counts against the 80% payout. Which incentivizes the to raise the price of the actual healthcare, which allows them to raise premiums, which allows them to raise the price of healthcare, etc etc. Produce a pill for 5¢, sell it to the p******* you own for $1, sell it to the customer for $20, the insurance branch then pays the p******* branch $16, the customer pays $4 to the p******* and $20 worth of insurance premiums (not actually how it works on an individual scale but for illustrative purposes it’s correct enough). Now the insurance company gets $20 and pays out $16 (80%). $4 profit. The p******* gets $20 and payed $1. $19 profit. The manufacturer gets $1 and it cost 5¢. 95¢ profit. But all are owned by United Healthcare and they get total of $24.95 in profit (minus salaries and fixed costs).
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daughtcahm 3 days ago +3
> Or a business run by Jehovah’s Witness refuses to cover blood transfusions as a religious exemption You're in luck, god recently changed his mind! https://www.bbc.com/news/articles/c62j31539dwo
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Euphoric_Anxiety_162 3 days ago +7
Insurance is out to get ppl too.
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BubblyFlow6143 3 days ago +3
Abortion, contraception....you know healthcare.
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IsopodIndependent553 3 days ago +9
F*** this administration.
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TimothyMimeslayer 3 days ago +10
The state should pass a law saying plans that dont cover abortions should fully br responsible for the cost that not having abortions on the plan incur. No spreading out the risk to responsible people.
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Full_Poet_7291 3 days ago +11
Another example of an idiot practicing medicine without a license. Please, sir, define "abortion." Also, sir, what happens when a wife is given an STD by her husband?
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thebarkbarkwoof 3 days ago +4
No, but wait. State's rights! So they can be tried for murder over a miscarriage, but won't get the procedure covered where legal? The hypocrisy met is part 💯.
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B_Wigglebottom 3 days ago +4
But does insurance have to pay for ED meds if it goes against a companies beliefs? Seems like it would be hypocritical.
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StreetwalkinCheetah 3 days ago +5
Insurance has never had to cover ED meds and many don't which is why there was a robust grey market for them before they went generic.
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BigSun6576 3 days ago +2
Everything in my body belongs to me
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myowngalactus 3 days ago +4
If a person or organization can claim a religious exemption from doing something, they should have to prove their religion actually supports that claim in their religious texts, while arguing against someone using the same text to claim the opposite.
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thirdometer 3 days ago +2
If abortion isn’t covered, testicular torsion shouldn’t be covered
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CHSummers 3 days ago +2
Couples trying to get pregnant later in life often turn to in-vitro fertilization (IVF). This can involve destroying fertilized embryos. Also, older parents (and even younger parents) sometimes discover the fetus has health problems. Sometimes those problems actually make continuing the pregnancy dangerous for the mother. I’m not sure if health insurance should cover IVF, but if the mother’s health is threatened, then a medically necessary abortion should be covered by health insurance.
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Piranha_Cat 2 days ago +2
I don't really see how ivf is relevant here when this particular law required coverage of all reproductive care *except for the treatment of infertility*. There was another law that was based on this one that would have included coverage for the treatment of infertility since it was purposely left out of this one, but the same groups that campaigned for this law torpedoed that one for a bunch of short sighted reasons (for example they complained about the religious exemption even though it was written the same way that this bill was) and wanted to be paid to do their own study instead. It kinda blindsided the infertility advocacy groups working on the law, and obviously planned parenthood advocates for Oregon has a pac, so they had a lot more power than a small advocacy group full of sad infertile people.  Sorry, I'm still salty and I get pissy over the fact that it feels like access to treatment for infertility is only talked about in relation to and in support of access to abortion, not that I disagree that abortion should be accessible, but it already is a lot more accessible than infertility coverage is. There isn't a single health insurer in Oregon that offers infertility coverage on individual plans, so you can only get it though employer sponsored group plans, and a lot of employers don't offer it. Like, if the only time you care to talk about infertility is when your using it to support something else then stfu.
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Everheart1955 3 days ago +1
The middleman AKA Health insurance companies, has way too much power.
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Euphoric_Anxiety_162 3 days ago +2
Even fewer pregnancies ahead! The risk of health issues cause fear.
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