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WASHINGTON, DC—Congressman Paul D. Tonko voted today to codify the federal right to contraception amid growing far-right attacks on fundamental human rights including abortion care, marriage equality, and contraception.  H.R. 8373, the Right to Contraception Act, establishes a federal statutory right to obtain and use contraceptives, as well as a right for health care providers to provide contraceptives and information related to contraception.

“As the radical right-wing Supreme Court shows itself willing to upend decades of precedent to strip away fundamental human rights against overwhelming public opposition, Republicans are already pushing to eliminate more American civil liberties including the right to contraceptive care,” Congressman Tonko said.  “I am proud to support the Right to Contraception Act, which codifies this critical right into federal law and bars states from interfering with access to contraception.  Last week, House Democrats advanced two pieces of landmark legislation to defend bodily autonomy and reproductive rights—and earlier this week, we passed legislation to enshrine marriage equality into federal law.  As the right-wing assault on our rights continues, I will never stop fighting to protect our cherished freedoms.”

Following the Supreme Court’s decision last month to overturn Roe v. Wade, far-right extremists at the federal, state, and local levels have turned their focus to other rulings that upheld basic rights and freedoms.  In his concurring opinion in Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas explicitly called on the Court to consider reversing other landmark decisions, including the Griswold v. Connecticut decision that established a Constitutional right to contraceptive care.

The Right to Contraception Act will:

• Establish a statutory right to obtain contraceptives and to engage in contraception, and for health care providers to provide contraceptives, contraception, and information related to contraception.
• Protect against any state laws that attempt to restrict access to contraceptives, affirming the Attorney General’s enforcement authority to bring legal action against any state that attempts to pass such laws.
• Establish a private right of action for individuals and health care providers to enforce their rights in Court to obtain and provide contraceptives.

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