WASHINGTON, D.C. – Today, U.S. Senators Cory Booker (D-NJ) and Patty Murray (D-WA) led the reintroduction of the Access to Birth Control Act. The legislation would guarantee patients’ timely access to birth control at pharmacies nationwide—including by addressing pharmacies’ refusals of contraception that prevent patients from obtaining their preferred form of birth control medication. U.S. Representative Robin Kelly (D-IL-02) introduced companion legislation in the House.
Contraception is an essential part of reproductive health care, and protecting access to contraception at the pharmacy is more important than ever given the relentless attacks on reproductive health care currently ongoing throughout the country. In addition to ensuring that patients have access to contraception at the pharmacy without delay, the bill would also ensure that pharmacies do not operate an environment where patients are intimidated, threatened, or harassed when seeking access to contraception or medication related to contraception. In the event that a pharmacy violates one of these requirements, the bill establishes liability for civil penalties for the pharmacy and a private cause of action for patients to seek relief.
“Three years ago, the Supreme Court unjustly overturned Roe v. Wade, and opened the door to attacks on contraception,” said Senator Booker. “Since then, Republicans have used every tool they can to undercut access to reproductive health care, and Congress must act to ensure everyone has the freedom to make their own decisions about contraception without fear of intimidation or threats. The Access to Birth Control Act will remove barriers to accessing birth control, and ensure Americans have full autonomy over their bodies and reproductive choices.”
“Birth control is essential health care—there is no reason it shouldn’t be available to every woman, without exception,” said Senator Murray. “As contraception comes under attack by Republican anti-abortion extremists, it is more important than ever that women can access birth control, free from fear and intimidation. Our bill ensures no one seeking birth control experiences harassment, denials, or delays from providers. I will never stop fighting to defend reproductive health care and make it more accessible and affordable for women everywhere.”
“Birth control is safe, effective, and essential for healthcare,” said Representative Kelly. “No pharmacy employee or politician should weigh into such a private decision as to if or when to start a family. My bill removes barriers that obstruct a patient’s right to birth control so everyone can access birth control without intimidation, harassment, or discrimination.”
Although Supreme Court precedent recognizes a protected right to contraception, conservatives on the Court have ignored precedent to undermine reproductive rights. In the radical Dobbs decision, the Court reversed the nearly 50-year precedent of Roe v. Wade that guaranteed a right to access abortion care. Access to contraception in the United States should not hinge on the Supreme Court’s ideological balance or the willingness of individual pharmacists to fill prescriptions. Providers, including pharmacists, play a key role in providing contraceptive services and important information about prescription and over-the-counter birth control options to people across the country.
According to the National Women’s Law Center, pharmacists have refused to fill prescriptions for birth control or provide emergency contraception over the counter to patients in 24 states and the District of Columbia. These refusals are based on personal beliefs and can negatively impact a patient’s health. Additionally, these refusals disproportionately affect people of color, low-income people, LGBTQ+ people, and those who live in rural and other underserved areas.
The bill is cosponsored by U.S. Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Jeff Merkley (D-OR), Alex Padilla (D-CA), Adam Schiff (D-CA), Jacky Rosen (D-NV), Jeanne Shaheen (D-NH), Angela Alsobrooks (D-MD), Tina Smith (D-MN), Chris Van Hollen (D-MD), Mark Warner (D-VA), Elizabeth Warren (D-MA), Ed Markey (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
The Access to Birth Control Act is endorsed by more than 20 organizations, listed here.
To read the full text of the bill, click here.