Cantwell, Colleagues Introduce Bill to Protect the Right to Contraception Nationwide

Press Release

Today, U.S. Senator Maria Cantwell (D-WA) joined 29 Democratic colleagues in introducing the Right to Contraception Act to codify the right to contraception access established by the Supreme Court ruling Griswold v. Connecticut in 1965. The bill would also protect healthcare providers who prescribe contraceptives and information on contraception; and allow the Department of Justice, providers, and patients to bring legal action should this law be violated.

"The right to access birth control has ensured life-changing social and economic freedom for women. An overwhelming majority of Americans believe birth control should remain legal and accessible, but far-right politicians and judges across the country are trying to weaken or overturn this precedent -- one that should be long past settled," said Sen. Cantwell. "I will continue to defend women's right to privacy and choice in light of these attacks."

After the reversal of Roe v. Wade, many conservative states have introduced legislation to ban or limit access to contraceptives, including Plan B and intrauterine devices, (IUDs). Arkansas, Mississippi, Texas, and Missouri have already barred Planned Parenthood from their state Medicaid programs, severely limiting access for residents in those states.

The Right to Contraception Act would protect against these attacks and uphold access to contraception by:

Creating a statutory right for individuals to obtain and use contraceptives;
Establishing a right for health care providers to provide contraceptives and information related to contraception;
Allowing the Department of Justice, providers, and individuals harmed by restrictions on contraception access made unlawful under this legislation to go to court to enforce these rights;
Protecting a range of contraceptive methods, devices, and medications that are legally marketed under the Federal Food, Drug, and Cosmetic Act, such as FDA-approved oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, vaginal rings, fertility-awareness based methods, and sterilization procedures.
Following the Dobbs decision, Justice Clarence Thomas authored a concurring opinion urging the Supreme Court to revisit other rights grounded in the long standing interpretation of the 14th amendment, ensuring the constitutional right to privacy which protects the right to contraception.

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