Senate Republicans blocked a bill that its Democratic sponsors say will protect contraception access nationwide, but a prominent pro-life organization noted the legislation would also funnel money toward Planned Parenthood and other abortion providers in the process.
Susan B. Anthony Pro-Life America publicly opposes S. 4381, otherwise known as the Right to Contraception Act, for giving the false impression that contraceptives are illegal in certain states or that there are federal efforts to restrict access to them.
“This bill would funnel money to Planned Parenthood, override conscience protections, and could mandate access to abortion drugs,” an SBA memo to senators states. “This bill has less to do with the ability of individuals to obtain contraception and more to do with ensuring federal funding for abortion providers who also happen to provide contraceptives.”
The vote tally was 51-39, falling below the necessary sixty votes to begin work on the bill. Notably, Senators Lisa Murkowski (R., Alaska) and Susan Collins (R., Maine) sided with Democrats in voting “yes” on the procedural motion. Senate majority leader Chuck Schumer (D., N.Y.) changed his vote to “no” at the last minute to bring up the measure again in the future.
In the unlikely outcome of passing through the Senate, let alone the Republican-controlled House, the bill would prevent the federal and state governments from prohibiting or restricting “the sale, provision, or use of any contraceptives.” It applies to both individuals and reproductive healthcare providers that provide access to contraception or abortion.
However, “the devil is in the details,” an SBA spokeswoman said, explaining how the bill ensures federal funding for abortion providers.
“This bill would require funding of abortion entities, specifically groups like Planned Parenthood, because you’re statutorily prohibited from singling out any entity or provider or facility or anything in which contraceptives or contraception are provided when you’re making those decisions,” SBA legislative director Jamie Dangers told National Review.
This means that “no future pro-life administration could redirect funding from Planned Parenthood, for example, to life-affirming entities like President Trump did under the Protect Life Rule,” she said.
In 2018, the Trump administration created the Protect Life Rule to prohibit organizations whose doctors perform abortions from receiving Title X family planning funds. After the regulation was implemented, Planned Parenthood forwent Title X funding.
The Right to Contraception Act also has freedom-of-conscience conscience law violations, targeting those who hold morals or religious beliefs about contraceptives. For example, it excludes the application of the Religious Freedom Restoration Act, which has been used to restrict abortion access for religious reasons.
The legislation, introduced by Senator Ed Markey (D., Mass.), defines contraceptives as “any drug, device, or biological product intended for use in the prevention of pregnancy, whether specifically intended to prevent pregnancy or for other health needs.” Dangers said the definition is too broad, arguing it “blurs the lines between contraception and actual abortion drugs.”
Nearly two years after the Supreme Court’s reversal of Roe v. Wade with its Dobbs v. Jackson Women’s Health Organization opinion, Democratic senators are pursuing the contraception legislation as part of a broader month-long campaign focused on reproductive rights. Democrats are also helming a legislative package to protect access to in vitro fertilization, with a floor vote coming at a later date.
“In the coming weeks, Senate Democrats will put reproductive freedoms front and center before this chamber, so that the American people can see for themselves who will stand up to defend their fundamental liberties,” Schumer said ahead of Wednesday’s vote.
Meanwhile, Republican hardliners largely oppose the legislation and believe it’s a political ploy ahead of the November election. Senator John Cornyn (R., Texas), for example, called the bill a “wolf in sheep’s clothing” prior to the vote.
“Contraception is available in every state in America, and there’s no legitimate effort to change that. Democrats are using their powers as the majority party to engage in fearmongering to further their own political agenda,” Cornyn said.
“The bill before the Senate goes far beyond protecting access to contraception,” he added. “It would force healthcare providers to provide abortion drugs, regardless of any religious objections.”
In response to criticism, Schumer assured his GOP colleagues that the Right to Contraception Act was “not a show vote” but rather “a show-us-who-you-are vote.”
Fourteen states and Washington, D.C., currently have legal or constitutional protections in place for ensuring contraception access.