The "Right to Contraception Act" establishes a statutory right for individuals to access contraception and for health care providers to provide contraception services, free from government interference.
Lizzie Fletcher
Representative
TX-7
The "Right to Contraception Act" establishes a statutory right for individuals to access contraception and for health care providers to provide contraception and related information free from government interference. It prohibits federal and state laws that restrict the sale, provision, or use of contraceptives, and allows the Attorney General, individuals, and entities to bring civil suits against those violating the Act. The Act clarifies that it overrides other federal and state laws, including the Religious Freedom Restoration Act, but does not override federal laws related to coverage under group health plans, health insurance, or federal healthcare programs. This bill aims to protect an individual's ability to make decisions about their body, medical care, and family.
New Bill Seeks to Establish Nationwide Right to Contraception, Overriding State and Federal Restrictions
This proposed legislation, the Right to Contraception Act, aims to establish a clear, nationwide statutory right for people to access and use contraception, and for healthcare providers to supply it. The bill defines 'contraception' broadly, covering methods like birth control pills, IUDs, sterilization procedures, and even fertility-awareness based methods. Its stated purpose is straightforward: protect an individual's ability to make decisions about their own body and family planning, ensuring everyone can access these essential health services.
Making It Official: What's Actually in the Bill?
The core of the Act (Section 5) creates a specific right for individuals to obtain contraceptives and engage in contraception, free from government interference. It equally protects the right of healthcare providers – think doctors, nurses, pharmacists – to provide contraceptives and related information. This isn't just about pills; it covers a wide range of methods used to prevent pregnancy. The bill prohibits laws or requirements that single out and impede access to contraception. For example, this could apply to rules making it harder for a clinic offering family planning services compared to other health services.
Clearing the Path: Overriding Roadblocks
A key feature is the Act's power to override other laws (Section 6). It explicitly states that it supersedes any inconsistent federal or state laws, regulations, or policies, whether they exist now or are passed later. This includes specifically taking precedence over the Religious Freedom Restoration Act of 1993 (RFRA), meaning religious objections could not be used to deny access protected by this Act. Furthermore, if any government body wants to implement a rule that seems to limit contraception access, they'd face a high bar (Section 5): they would have to prove the rule significantly improves access and that no less restrictive option exists. This aims to prevent state or local rules designed to make obtaining or providing contraception more difficult.
Holding the Line: How It Gets Enforced
The Act includes strong enforcement mechanisms (Section 8). Both the U.S. Attorney General and individuals or healthcare providers who believe their rights under the Act have been violated can file lawsuits against offending state or government officials. If a court finds a violation, it must invalidate the problematic law or requirement. The bill also removes typical governmental defenses like sovereign immunity (under the 10th or 11th Amendments), meaning states can be sued directly in federal or state court over violations. Importantly, if a patient or provider wins their case, the court is required to award them reasonable attorney's fees and litigation costs, making it more feasible for individuals to defend their rights under this law.