The "Right to Contraception Act" establishes a clear and comprehensive statutory right for individuals to access and use contraceptives, and to engage in contraception, free from coercion. Concurrently, it protects the ability of health care providers to offer contraceptives, contraception services, and related information. The bill aims to safeguard an individual's autonomy in making decisions about their body, medical care, and family planning, thereby promoting equal participation in economic and social life. The Act broadly defines "contraception" to include actions taken to prevent pregnancy, such as using contraceptives, fertility-awareness methods, and sterilization procedures. A "contraceptive" encompasses any FDA-approved drug, device, or biological product intended for pregnancy prevention or other health needs. The bill prohibits any governmental limitation or requirement that singles out or impedes access to contraception, requiring clear and convincing evidence that any such restriction significantly advances access and that no less restrictive alternative exists. This legislation applies broadly, superseding and preempting conflicting Federal and State laws, including those adopted before its enactment, and explicitly states its applicability notwithstanding other Federal laws like the Religious Freedom Restoration Act of 1993. It prohibits any government from restricting the sale, provision, or use of contraceptives, or from aiding others in obtaining them. The bill provides robust enforcement mechanisms, allowing the Attorney General to initiate civil actions against violating States or officials, and establishing a private right of action for adversely affected individuals or entities, including healthcare providers, with provisions for equitable relief and attorney's fees.
Civil actions and liabilityFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelSex and reproductive healthWomen's health
Right to Contraception Act
USA119th CongressS-422| Senate
| Updated: 2/5/2025
The "Right to Contraception Act" establishes a clear and comprehensive statutory right for individuals to access and use contraceptives, and to engage in contraception, free from coercion. Concurrently, it protects the ability of health care providers to offer contraceptives, contraception services, and related information. The bill aims to safeguard an individual's autonomy in making decisions about their body, medical care, and family planning, thereby promoting equal participation in economic and social life. The Act broadly defines "contraception" to include actions taken to prevent pregnancy, such as using contraceptives, fertility-awareness methods, and sterilization procedures. A "contraceptive" encompasses any FDA-approved drug, device, or biological product intended for pregnancy prevention or other health needs. The bill prohibits any governmental limitation or requirement that singles out or impedes access to contraception, requiring clear and convincing evidence that any such restriction significantly advances access and that no less restrictive alternative exists. This legislation applies broadly, superseding and preempting conflicting Federal and State laws, including those adopted before its enactment, and explicitly states its applicability notwithstanding other Federal laws like the Religious Freedom Restoration Act of 1993. It prohibits any government from restricting the sale, provision, or use of contraceptives, or from aiding others in obtaining them. The bill provides robust enforcement mechanisms, allowing the Attorney General to initiate civil actions against violating States or officials, and establishing a private right of action for adversely affected individuals or entities, including healthcare providers, with provisions for equitable relief and attorney's fees.
Civil actions and liabilityFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelSex and reproductive healthWomen's health