Right to Contraception Act

12/29/2022, 6:48 PM

Right to Contraception Act

This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to an action taken to prevent pregnancy, including the use of contraceptives (i.e., a device or medication used to prevent pregnancy), fertility-awareness based methods, and sterilization procedures.

Generally, the bill prohibits measures that single out and impede access to contraception and related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating, through clear and convincing evidence, that the measure significantly advances the safety of contraception and cannot be achieved through less restrictive means. The bill also specifies that the prohibition preempts inconsistent state and local laws and applies in spite of other federal laws, including the Religious Freedom Restoration Act of 1993.

The Department of Justice, individuals, or health care providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations.

Congress
117

Number
S - 4612

Introduced on
2022-07-26

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

7/26/2022

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Right to Contraception Act

This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to an action taken to prevent pregnancy, including the use of contraceptives (i.e., a device or medication used to prevent pregnancy), fertility-awareness based methods, and sterilization procedures.

Generally, the bill prohibits measures that single out and impede access to contraception and related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating, through clear and convincing evidence, that the measure significantly advances the safety of contraception and cannot be achieved through less restrictive means. The bill also specifies that the prohibition preempts inconsistent state and local laws and applies in spite of other federal laws, including the Religious Freedom Restoration Act of 1993.

The Department of Justice, individuals, or health care providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations.

Alternative Names
Official Title as IntroducedA bill to protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care provider's ability to provide contraceptives, contraception, and information related to contraception.

Policy Areas
Health

Potential Impact
Civil actions and liability
Family planning and birth control
Federal preemption
Health care coverage and access
Health personnel
Sex and reproductive health
Women's health

Comments

Recent Activity

Latest Summary10/1/2022

Right to Contraception Act

This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to ...


Latest Action7/26/2022
Read twice and referred to the Committee on the Judiciary.