Legis Daily

Right to Contraception Act

USA119th CongressS-422| Senate 
| Updated: 2/5/2025
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (41)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Angela D. Alsobrooks (Democratic)Tammy Duckworth (Democratic)Ruben Gallego (Democratic)Jon Ossoff (Democratic)Catherine Cortez Masto (Democratic)Richard J. Durbin (Democratic)Lisa Blunt Rochester (Democratic)Jack Reed (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Amy Klobuchar (Democratic)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Christopher Murphy (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Andy Kim (Democratic)Maria Cantwell (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Elissa Slotkin (Democratic)Raphael G. Warnock (Democratic)Gary C. Peters (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

S 117-4612
Right to Contraception Act

Bill from Previous Congress

S 117-4557
Right to Contraception Act

Bill from Previous Congress

S 118-4381
Right to Contraception Act

Bill from Previous Congress

S 118-1999
Right to Contraception Act
Feb 5, 2025

Latest Companion Bill Action

HR 119-999
Introduced in House
Feb 5, 2025
Introduced in Senate
Feb 5, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 117-4612
    Right to Contraception Act


  • Bill from Previous Congress

    S 117-4557
    Right to Contraception Act


  • Bill from Previous Congress

    S 118-4381
    Right to Contraception Act


  • Bill from Previous Congress

    S 118-1999
    Right to Contraception Act


  • February 5, 2025

    Latest Companion Bill Action

    HR 119-999
    Introduced in House


  • February 5, 2025
    Introduced in Senate


  • February 5, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Related Bills

  • HR 119-999: Right to Contraception Act
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-4612
Right to Contraception Act

Bill from Previous Congress

S 117-4557
Right to Contraception Act

Bill from Previous Congress

S 118-4381
Right to Contraception Act

Bill from Previous Congress

S 118-1999
Right to Contraception Act
Feb 5, 2025

Latest Companion Bill Action

HR 119-999
Introduced in House
Feb 5, 2025
Introduced in Senate
Feb 5, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 117-4612
    Right to Contraception Act


  • Bill from Previous Congress

    S 117-4557
    Right to Contraception Act


  • Bill from Previous Congress

    S 118-4381
    Right to Contraception Act


  • Bill from Previous Congress

    S 118-1999
    Right to Contraception Act


  • February 5, 2025

    Latest Companion Bill Action

    HR 119-999
    Introduced in House


  • February 5, 2025
    Introduced in Senate


  • February 5, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (41)
Jeanne Shaheen (Democratic)Mazie K. Hirono (Democratic)Angela D. Alsobrooks (Democratic)Tammy Duckworth (Democratic)Ruben Gallego (Democratic)Jon Ossoff (Democratic)Catherine Cortez Masto (Democratic)Richard J. Durbin (Democratic)Lisa Blunt Rochester (Democratic)Jack Reed (Democratic)Kirsten E. Gillibrand (Democratic)Elizabeth Warren (Democratic)Ben Ray Luján (Democratic)Alex Padilla (Democratic)Christopher A. Coons (Democratic)Mark R. Warner (Democratic)Amy Klobuchar (Democratic)John W. Hickenlooper (Democratic)Tim Kaine (Democratic)Sheldon Whitehouse (Democratic)Jacky Rosen (Democratic)Chris Van Hollen (Democratic)Christopher Murphy (Democratic)Martin Heinrich (Democratic)Michael F. Bennet (Democratic)Patty Murray (Democratic)John Fetterman (Democratic)Tina Smith (Democratic)Bernard Sanders (Independent)Brian Schatz (Democratic)Andy Kim (Democratic)Maria Cantwell (Democratic)Tammy Baldwin (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Jeff Merkley (Democratic)Elissa Slotkin (Democratic)Raphael G. Warnock (Democratic)Gary C. Peters (Democratic)Ron Wyden (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • HR 119-999: Right to Contraception Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityFamily planning and birth controlFederal preemptionHealth care coverage and accessHealth personnelSex and reproductive healthWomen's health