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Right to Contraception

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Updated: Mar 30, 2024

On 7/21/22, Bill Number: H.R. 8373, the Right to Contraception Act, was voted on in the House of Representatives. The bill passed, despite 195 Republicans voting against the bill, with a final vote of 228 (Democrats) to 195 (Republicans). Only 8 Republicans voted yes. The bill protects the right to purchase and use contraception without government restriction. Find your local House of Representative at www.house.gov. Google their name and voting record to see how they voted.

The availability of birth control for women in the United States is the result of a complex and multifaceted history marked by social, cultural, and legal changes. Here's a brief overview:

  • Early Efforts: In the late 19th and early 20th centuries, birth control was largely taboo and even illegal in many states. However, activists like Margaret Sanger began advocating for women's reproductive rights and in 1916, she opened the first birth control clinic in the United States in Brooklyn, New York. This clinic was quickly shut down, but it sparked a legal battle that ultimately led to a significant victory. In 1936, a federal court ruling in United States v. One Package allowed physicians to distribute contraceptives to women for medical reasons, laying the groundwork for broader access.

  • Griswold v. Connecticut: In 1965, the Supreme Court case Griswold v. Connecticut struck down a state law that prohibited the use of contraceptives, even by married couples. This landmark decision established a constitutional right to privacy, which extended to decisions about contraception. While this case specifically addressed married couples, it set an important precedent for future reproductive rights cases.

  • Eisenstadt v. Baird: In 1972, the Supreme Court case Eisenstadt v. Baird expanded access to birth control further. The ruling extended the right to access contraceptives to unmarried individuals, affirming that the right to privacy in matters of contraception applied equally to all individuals, regardless of marital status.

  • Roe v. Wade: While Roe v. Wade (1973) is most commonly associated with the legalization of abortion, it also reinforced the broader framework of reproductive rights. The decision affirmed the constitutional right to privacy, including the right to make decisions about reproductive health, which encompassed access to contraception.

  • Legislative and Policy Changes: Over the years, various legislative and policy changes have further shaped access to birth control. The Affordable Care Act (ACA), passed in 2010, mandated that most health insurance plans cover contraceptive methods without copayments or deductibles, making birth control more accessible and affordable for many women.

Since the legalization of contraceptives, the number of women in the U.S. labor force has tripled. By enabling women to control their fertility, access to contraception broadens their ability to make other choices about their lives, such as education and employment.

Overall, the availability of birth control for women in the United States is the result of decades of activism, legal battles, and changing societal norms. It reflects a recognition of individuals' rights to make decisions about their own bodies and reproductive health, regardless of marital status.

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