S-4612 : Still Just a Bill

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.