The Right to Contraception Act creates a federal statutory right for people to obtain contraceptives and to use contraception, and for health care providers to give contraceptives and related information and referrals. The bill defines "contraception" and "contraceptive," covers many types of providers, and says the right applies to federal and State law. It bars governments from prohibiting or restricting the sale, provision, or use of contraceptives, or from singling out providers or facilities that offer contraception. The bill says a government that defends a restriction must prove by clear and convincing evidence that the restriction significantly advances access and that there is no less restrictive way to achieve that advance. The bill does not change Federal laws about insurance or program coverage requirements. The measure takes effect immediately, allows the Attorney General to sue to stop violations, and gives individuals and providers a private right of action. Courts may award injunctions, attorney fees, and costs to prevailing plaintiffs. The bill also says courts should read the law broadly to achieve its purposes, and it affirms that sterilization requires voluntary, informed consent.
If this bill becomes law, individuals would have a clear federal right to get and use contraceptives and to receive information about contraception. Health care providers would have a corresponding right to provide contraceptives, referrals, and related information. States and federal officials could not enforce laws that prohibit or single out contraceptives, providers, or facilities. People or providers who say a law or action violates these rights could sue in federal court; the Attorney General could also bring cases on behalf of the United States.
No publicly available information.
The bill's findings state that contraception is a fundamental right tied to privacy, health, dignity, liberty, equality, and economic and social participation. The sponsors argue that protecting access to contraceptives advances public health, reduces unintended pregnancy and some health risks, and addresses historical reproductive coercion and unequal barriers faced by marginalized groups. The bill notes Congress's authority under the Commerce Clause, the Fourteenth Amendment, and past federal actions on family planning.
No publicly available information.