Sponsors (42)
Introduced February 5, 2025 by Edward John Markey · Last progress February 5, 2025
The bill substantially expands and federalizes protections and enforcement for contraceptive access — strengthening individual and provider rights and rapid legal remedies nationwide — at the cost of increased federal-state litigation, reduced state regulatory flexibility, potential conflicts with religious or conscience claims, and new compliance or fiscal burdens.
People who need contraception (women, young adults, low-income individuals, rural communities) are federally protected to obtain, use, and assist others in obtaining contraceptives without government bans or interference, preserving broad access across states.
Patients and health care providers (clinics, hospitals, individual clinicians) can obtain faster legal relief — including private suits, AG enforcement, injunctions, and fee recovery — to stop unlawful state limits on contraception.
Clinicians, pharmacists, and health facilities gain regulatory clarity and legal protections that reduce liability risk for providing contraceptive services, information, referrals, and related care.
State and local governments (and taxpayers) face substantially increased litigation exposure and costs because the Act enables broad federal suits, limits sovereign immunity, and invites numerous challenges to state policies.
Religious organizations, employers, and some health care providers may lose or see curtailed conscience- or RFRA-based defenses and face legal conflicts or mandates that conflict with their beliefs.
The Act preempts many state regulatory approaches (sales, licensing, zoning, targeted regulations), reducing state policy flexibility and shifting disputes to federal courts.
Based on analysis of 9 sections of legislative text.
Establishes a federal right to obtain and provide contraception, preempts laws that restrict access, and allows government and private enforcement.
Creates a federal right for people to obtain and use contraception and for health care providers to prescribe, provide, and discuss contraception. The law bars federal or state rules that single out, restrict, or make it harder to obtain contraceptives or contraception-related information, preempts contrary state and federal law (including certain religious-law defenses), and lets the U.S. Attorney General and private parties sue to stop unlawful restrictions. It takes effect immediately on enactment.