Right to Contraception Act would protect statutory right to contraception as Supreme Court threatens to roll back fundamental rights in the wake of Dobbs decision
Ninety percent of Americans support access to all forms of birth control; bill backed by more than half of the Senate Democratic caucus
Washington, D.C. – U.S. Senator Catherine Cortez Masto (D-Nev.) joined Senators Edward J. Markey (D-Mass.), Mazie Hirono (D-Hawai’i) and Tammy Duckworth (D-Ill.) in reintroducing the Right to Contraception Act to codify and strengthen the right to contraception, which the Supreme Court first recognized more than half a century ago in its Griswold v. Connecticut decision. This legislation would reverse steps already taken by Republicans in states across the country to restrict access to birth control and ensure that any future attempt by the far-right majority on the Supreme Court to overturn Griswold would not endanger access to this essential health care.
The lawmakers first introduced the legislation last July in the wake of the Supreme Court’s decision overturning Roe v. Wade when Justice Clarence Thomas urged the Court to “reconsider” its substantive due process precedents, including Griswold.
“Far-right politicians and judges across the country continue to threaten access to birth control in this country, and we need to stand up and protect this essential health care for women,” said Senator Cortez Masto. “I’m proud to join legislation to safeguard every woman’s right to contraceptives and reaffirm our commitment to reproductive freedom.”
Although nine out of 10 American adults support access to all forms of birth control, several states restrict access to contraceptives by eliminating public funding for it, defining abortion broadly enough to include contraception, and allowing health care providers to deny service related to contraception on the basis of their own beliefs.
A copy of the legislation can be found HERE.
Specifically, the Right to Contraception Act would uphold access to contraception by:
- Guaranteeing the legal right for individuals to get and use contraception and for health care providers to provide contraceptives, contraception, and information, referrals, and services related to contraception;
- Prohibiting the federal government or any state from administering, implementing, or enforcing any law, rule, regulation, standard or other provision that would prohibit or restrict the sale, provision, or use of contraception; and,
- Allowing the Department of Justice (DOJ), providers, and individuals harmed by restrictions on contraception access made unlawful under the legislation, to go to court to enforce these rights.
Senator Cortez Masto has been fierce advocate for women’s reproductive rights. After the Supreme Court overturned Roe v. Wade, Senator Cortez Masto introduced the Freedom to Travel for Health Care Actto ensure legal protections for women traveling across state lines to receive reproductive care. She has urged the Federal Trade Commission (FTC) to protect the data privacy of women seeking reproductive health care and introduced legislation to make sure women across the country have access to affordable over-the-counter birth control. She took on one of the nation’s biggest pharmaceutical wholesalers to ensure Nevadans can access the abortion pill in retail pharmacies, including Walgreens.