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Senator Baldwin Supports Legislation to Protect Americans’ Right to Contraception

WASHINGTON, D.C. – U.S. Senator Tammy Baldwin (D-WI) joined a group of her colleagues in introducing the Right to Contraception Act, legislation that would put into law Americans’ right to contraception, which the Supreme Court first recognized more than half a century ago in its decision in Griswold v. Connecticut. The introduction follows Justice Clarence Thomas’ concurring opinion in Dobbs v. Jackson Women’s Health Organization—which overturned Roe v. Wade—in which he urged the Court to reconsider its 1965 Griswold decision. Several states have already restricted access to contraception by cutting off public funding for it, erroneously defining abortion in such a way to include contraception.

Senate Democrats pushed for the passage of this legislation but Senate Republicans blocked the effort to enshrine the right to contraception.

“People in Wisconsin do not want politicians making decisions about their own reproductive health care, and they don’t need political interference making it harder to get contraception,” said Senator Baldwin. “I am proud to support the Right to Contraception Act because regardless of where someone lives, they should have the same access to contraception.”

The Right to Contraception Act would uphold access to contraception by:

  • Creating a statutory right for individuals to obtain contraceptives and to engage in contraception;
  • Establishing a corresponding right for health care providers to provide contraceptives, contraception, and information related to contraception;
  • Allowing the Department of Justice, as well as providers and individuals harmed by restrictions on contraception access made unlawful under the legislation, to go to court to enforce these rights; and
  • Protecting a range of contraceptive methods, devices, and medications used to prevent pregnancy, including but not limited to oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, vaginal rings, fertility-awareness based methods, and sterilization procedures.

The legislation is also cosponsored by Senators Mark R. Warner (D-VA), Tim (D-VA), Edward J. Markey (D-MA), Mazie Hirono (D-HI), Tammy Duckworth (D-IL), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Tom Carper (D-DE), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Alex Padilla (D-CA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI). Companion legislation was introduced in the House of Representatives by Representatives Kathy Manning (NC-06), Nikema Williams (GA-05), Sara Jacobs (CA-53), and Angie Craig (MN-02).

The Right to Contraception Act is endorsed by Planned Parenthood Federation of America, NARAL Pro-Choice America, National Women’s Law Center, National Organization for Women, Power to Decide, National Family Planning and Reproductive Health Association, Reproductive Health Access Project, Catholics for Choice, Association of Maternal & Child Health Programs, Upstream USA, National Center for Lesbian Rights, National Partnership for Women & Families, Jewish Women International, Positive Women’s Network-USA, and the National Council of Jewish Women.