Congress to vote on federal legislation safeguarding access to birth control

Congress is once again considering a bill that would safeguard access to contraception at the federal level. The Right to Contraception Act, if approved, would establish the right of Americans to access birth control pills, patches, implants, condoms, intrauterine devices (IUDs), and sterilization procedures, including vasectomies. It would not eliminate religious or personal belief exemptions, which permit health care providers to refrain from prescribing contraceptives and insurance companies to choose not to cover them.

The need for this legislation stems from the 2022 Supreme Court decision overturning Roe v. Wade, leading to confusion regarding the status of certain contraception methods and whether states can restrict access to them. Some conservative lawmakers argue that IUDs and emergency contraception can induce abortion, leading to proposed legislation in several states aimed at limiting these methods.

An IUD is a device inserted into the uterus that thickens cervical mucus, making it harder for sperm to reach an egg, and thins the uterine lining, making it difficult for a fertilized egg to attach. Emergency contraception prevents or delays ovulation, thus preventing fertilization, and does not cause abortion, as per the World Health Organization.

The House Democrats passed the Right to Contraception Act in 2022, but the Senate did not vote on it. To prevent a similar outcome, House Democrats have proposed a discharge petition, which would force a vote in the House.

Currently, the right to contraception in the U.S. is protected by two landmark Supreme Court cases: Griswold v. Connecticut and Eisenstadt v. Baird. However, the precedent set by these cases is open to interpretation, potentially allowing for new court cases that could restrict contraception access.

The bill aims to guarantee access to contraception without forcing anyone to prescribe or use it. Some Republican politicians have criticized the bill as unnecessary, while others, like Justice Clarence Thomas, have expressed a desire to revisit past decisions related to contraception.

If passed, the Right to Contraception Act would become a statute, clarifying which types of birth control are protected by law. Even if the bill doesn’t pass, it raises awareness of the issue and Congress can propose similar legislation in the future.

As of May 2024, 14 states and Washington D.C. have legal protections for access to contraception. Grassroots organizations are also working to expand access to birth control, particularly in states with strict abortion laws.

Jo Giles, executive director of Women’s Fund of Omaha, is installing sexual health vending machines in Nebraska to ensure access to emergency contraception and pregnancy tests, particularly in light of state laws limiting abortion access.

“It’s scary to think about the efforts that are trying to limit access to products that people want to use and that are safe and that are FDA-regulated,” Giles said. “In the face of that, we are innovating to make sure that people have what they need when they need it.”