To protect an individual’s ability to access contraceptives and to engage in contraception and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.
Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.
Summary
This bill, the Right to Contraception Act, creates a federal statutory right for individuals to obtain contraceptives and engage in contraception free from coercion, and a corresponding right for health care providers to offer contraception services. It prohibits any government -- federal, state, or local -- from restricting the sale, provision, or use of contraceptives, or from punishing those who help others access contraception. The law preempts conflicting state laws and explicitly overrides the Religious Freedom Restoration Act (RFRA). Any limitation on contraception access must meet a clear-and-convincing-evidence standard showing it significantly advances access and no less restrictive alternative exists. Enforcement comes through civil actions by the Attorney General or by any adversely affected individual or health care provider, with courts empowered to grant injunctive relief and award attorney fees to prevailing plaintiffs. States and officials cannot claim immunity under the 10th or 11th Amendments. The bill does not affect existing federal health insurance coverage requirements or FDA authority over drug approvals, and it prohibits forced sterilization.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.
At a Glance
What This Bill Does
Establishes a comprehensive statutory right to access contraceptives and engage in contraception, preempts conflicting state and federal laws including RFRA, and provides enforcement mechanisms through civil actions by the Attorney General and private parties.
Who Benefits
- Individuals seeking contraception access
- Health care providers offering contraception services
- Historically marginalized communities facing barriers to reproductive health care
Who Bears Costs
- States with existing contraception restrictions
- Health care providers who refuse contraception on religious grounds (lose state-law exemptions)
- Religious organizations relying on RFRA for contraception exemptions
Key Policy Areas
{'domain': 'Healthcare', 'evidence': ['3', '5']}, {'domain': 'Civil Rights', 'evidence': ['3', '4', '5']}, {'domain': 'Social Welfare', 'evidence': ['3']}
Primary Purpose
Establishes a comprehensive statutory right to access contraceptives and engage in contraception, preempts conflicting state and federal laws including RFRA, and provides enforcement mechanisms through civil actions by the Attorney General and private parties.
Policy Domains
Legislative Strategy
"Codify contraception access as a federal statutory right in response to the Dobbs decision and Justice Thomas concurrence suggesting reconsideration of Griswold, preempting state restrictions and religious exemptions"
Sponsors
Legislative Progress
IntroducedMr. Markey (for himself, Ms. Duckworth, Ms. Hirono, Ms. Baldwin, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Government officials enforcing contraception restrictions, States restricting contraception access, States violating contraception access rights
Contraception users and providers, Individuals seeking contraception, Individuals seeking contraception access
Health care providers offering contraception
Courts interpreting the Act, Private parties enforcing contraception restrictions
Religious organizations relying on RFRA for contraception exemptions
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "government"
- → Includes all branches, departments, agencies of the United States or a State
- "attorney_general"
- → Attorney General of the United States
- "health_care_provider"
- → Any entity or individual licensed to provide health care services
Key Definitions
Terms defined in this bill
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology