# Right to Contraception Act: Plain Language Summary

This bill establishes a federal right to access contraception and prevents the government from restricting people's ability to use birth control. Specifically, it protects your right to obtain and use any FDA-approved contraceptive method—including birth control pills, IUDs, condoms, emergency contraception, and other forms of birth control—without government interference. The bill also protects healthcare providers' right to prescribe contraception and pharmacists' right to dispense it.

The law applies to all levels of government, meaning states cannot pass laws that ban or severely restrict access to contraception. It does allow for some narrow exceptions, such as regulations that apply equally to all drugs and devices (like safety standards), but states cannot single out contraception for special restrictions. The bill also prevents the government from penalizing people for traveling to another state to obtain contraception or for helping someone else access it.

This legislation was created in response to concerns that followed the Supreme Court's 2022 decision overturning Roe v. Wade, which raised questions about whether other privacy-related rights—including access to contraception—might also be challenged. While contraception access has been legally protected at the federal level for decades, this bill aims to strengthen that protection by making it explicit in federal law and preventing states from passing new restrictions. The bill essentially says that no matter where you live, you have a guaranteed right to access contraception without government barriers.

Right to Contraception Act

Markey, Edward J.

Right to Contraception Act This bill sets out statutory protections for an individual's right to access and a health care provider's right to provide contraception and related information. Contraception refers to an action taken to prevent pregnancy, including the use of contraceptives (i.e., a device or medication used to prevent pregnancy), fertility-awareness based methods, and sterilization procedures. Generally, the bill prohibits measures that single out and impede access to contraception and related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating, through clear and convincing evidence, that the measure significantly advances the safety of contraception and cannot be achieved through less restrictive means. The bill also specifies that the prohibition preempts inconsistent state and local laws and applies in spite of other federal laws, including the Religious Freedom Restoration Act of 1993. The Department of Justice, individuals, or health care providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations.