The Right to Contraception Act would guarantee the right for people to obtain and use contraceptives and for health providers to prescribe contraceptives and give information related to contraception, free from government interference.   

Bill Sponsor Senator Edward Markey (D-MA): “Decades after the U.S. Supreme Court affirmed the constitutional right to access contraception, this same right is being threatened for millions of Americans as a result of Republicans’ successful efforts to overturn Roe v. Wade. Across the country, extreme state abortion bans are undermining access to Plan B, survivors of sexual violence are facing greater challenges obtaining emergency contraception, health providers are being prevented from educating their patients on birth control options, and a sitting Supreme Court justice called for the reconsideration of this constitutional right, as other extremist judges rule in favor of limiting access to contraception. 

“Economic, social, and personal freedom are attacked when the right to contraception comes under attack. We’ve seen this Supreme Court willingly overturn decades of legal precedent to peel back reproductive rights, and we are unwilling to stand by as threats to the right to contraception escalate. The solution is to protect the right to contraception by passing our Right to Contraception Act. 

“This vote will put each Senator on the record on their willingness to stand up for the health and freedom of every American. Protecting the right to access and provide contraception free from government interference should be easy, but MAGA extremists want to make it hard. We look forward to voting yes to protect this right.”

Opponents fo the bill argue this is nothing but the Democratic Party trying to continue the summer of scare tactics. Contraception is available in every state in the nation. This is clearly a messaging bill and not a serious attempt at legislating.

Critics argue that the Act represents federal overreach into an area that should be governed by states. This perspective holds that states should have the autonomy to regulate contraception access and related health services based on their local contexts and populations. The Act could preempt existing state laws that regulate or restrict access to contraception, potentially undermining state legislative processes and decisions made by state electorates.

Many religious and moral groups oppose the Act on the grounds that it conflicts with their beliefs about contraception, arguing that it could force individuals or institutions to act against their conscience or religious convictions.

To highlight the political maneuvering behind the bill, the Biden campaign sent out surrogates across the country to argue Republicans would seek to restrict contraceptive access and abortion services if they win the White House and congressional control.

Should Congress pass S.4381, the Right to Contraception Act?