Right to Contraception Act
Sponsored By: Senator Edward Markey
Introduced
Summary
This bill would create a federal guarantee of the right to obtain contraception and protect health care providers who offer contraceptives, related information, referrals, and services.
Show full summary
- Individuals and families could obtain contraceptives and receive information or referrals without new federal or state restrictions stated in the bill. The protection expressly covers people regardless of income, race, sex, gender identity, sexual orientation, disability, immigration status, or location.
- Health care providers would be protected when they prescribe, dispense, counsel about, or refer for contraceptives. The bill preserves the Food and Drug Administration's authority over approval, clearance, authorization, and licensure of contraceptives.
- The law would preempt state and federal laws that restrict the sale, provision, or use of contraceptives while keeping certain federal coverage requirements intact. It establishes enforcement through private lawsuits and actions by the Attorney General in federal court, including injunctive relief and possible recovery of attorney's fees.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Stronger contraceptive rights and enforcement
If enacted, the bill would bar federal and state rules that ban or limit the sale, use, or provision of contraceptives. If enacted, it would also bar rules that stop people from helping others get contraception or that single out providers or clinics. If enacted, the Attorney General and harmed individuals or providers could sue in federal court to stop violating rules. If enacted, courts could order injunctions and must award reasonable lawyer fees to winners.
Clear definitions for contraception and providers
If enacted, the bill would define "contraception" to include drugs, devices, fertility-awareness methods, and sterilization. If enacted, it would define "contraceptive" to mean products approved, cleared, authorized, or licensed under specified FDA and Public Health Service law. If enacted, it would define "health care provider" broadly and list common provider types and which government units count as States.
Federal preemption and agency authority
If enacted, the bill would say it overrides conflicting state and federal rules unless the Act itself preserves them. If enacted, certain federal coverage rules for group health plans and federal programs would remain in force. If enacted, the bill would not limit HHS or FDA authority to approve, clear, authorize, or license contraceptives or the federal government's power to enforce those approvals.
Act takes effect immediately
If enacted, the bill would take effect immediately on the date it is signed. If enacted, its prohibitions, definitions, and enforcement rules would apply right away.
Sponsors & CoSponsors
Sponsor
Edward Markey
MA • D
Cosponsors
Tammy Duckworth
IL • D
Sponsored 2/5/2025
Mazie Hirono
HI • D
Sponsored 2/5/2025
Tammy Baldwin
WI • D
Sponsored 2/5/2025
Michael Bennet
CO • D
Sponsored 2/5/2025
Richard Blumenthal
CT • D
Sponsored 2/5/2025
Cory Booker
NJ • D
Sponsored 2/5/2025
Lisa Blunt Rochester
DE • D
Sponsored 2/5/2025
Maria Cantwell
WA • D
Sponsored 2/5/2025
Christopher Coons
DE • D
Sponsored 2/5/2025
Catherine Cortez Masto
NV • D
Sponsored 2/5/2025
Richard Durbin
IL • D
Sponsored 2/5/2025
Ruben Gallego
AZ • D
Sponsored 2/5/2025
Kirsten Gillibrand
NY • D
Sponsored 2/5/2025
Martin Heinrich
NM • D
Sponsored 2/5/2025
John Hickenlooper
CO • D
Sponsored 2/5/2025
Timothy Kaine
VA • D
Sponsored 2/5/2025
Andy Kim
NJ • D
Sponsored 2/5/2025
Amy Klobuchar
MN • D
Sponsored 2/5/2025
Jeff Merkley
OR • D
Sponsored 2/5/2025
Christopher Murphy
CT • D
Sponsored 2/5/2025
Patty Murray
WA • D
Sponsored 2/5/2025
Jon Ossoff
GA • D
Sponsored 2/5/2025
Alex Padilla
CA • D
Sponsored 2/5/2025
Gary Peters
MI • D
Sponsored 2/5/2025
John Reed
RI • D
Sponsored 2/5/2025
Jacky Rosen
NV • D
Sponsored 2/5/2025
Bernie Sanders
VT • I
Sponsored 2/5/2025
Brian Schatz
HI • D
Sponsored 2/5/2025
Jeanne Shaheen
NH • D
Sponsored 2/5/2025
Elissa Slotkin
MI • D
Sponsored 2/5/2025
Tina Smith
MN • D
Sponsored 2/5/2025
Chris Van Hollen
MD • D
Sponsored 2/5/2025
Mark Warner
VA • D
Sponsored 2/5/2025
Raphael Warnock
GA • D
Sponsored 2/5/2025
Elizabeth Warren
MA • D
Sponsored 2/5/2025
Peter Welch
VT • D
Sponsored 2/5/2025
Sheldon Whitehouse
RI • D
Sponsored 2/5/2025
Ron Wyden
OR • D
Sponsored 2/5/2025
John Fetterman
PA • D
Sponsored 2/5/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 2/12/2025
Angela Alsobrooks
MD • D
Sponsored 6/12/2025
Roll Call Votes
No roll call votes available for this bill.
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