Protection of contraception access advances in Virginia legislature

Virginia Democrats who control the state Legislature are advancing legislation that aims to protect access to a wide range of contraception.

Then State Senator-elect Ghazala Hashmi speaks to supporters at a Democratic victory party in Richmond, Va., on Nov. 5, 2019. Hashmi is the sponsor of a bill focused on protecting reproductive health care. (AP Photo/Steve Helber, File)

Similar efforts have been made in other states around the country. Thirteen states had enacted some kind of legal protections for the right to contraception as of October and more were pending, according to research from KFF, a nonprofit that studies health care issues.

In Congress, a measure to enshrine the right to use contraceptives passed the House of Representatives in July 2022 but failed to advance in the Senate.

While Price's version of the legislation picked up a handful of Republican votes on the House floor, the bills have been advancing largely along party lines. And they have drawn opposition from religious and socially conservative groups, who have raised a range of objections, particularly over the lack of an exemption for health care workers who may have a religious or moral objection to offering contraception.

The bill is "designed to restrict the conscience rights of medical providers," said Jeff Caruso, executive director of the Virginia Catholic Conference.

Other opponents raised concerns that the bill was written broadly enough that it could protect access to abortifacient drugs.

Price said that's unfounded, noting that the bill defines contraception as "an action taken to prevent pregnancy." The definition also covers sterilization procedures.

"This is not a conversation about abortion," she said in a committee hearing.

During discussion on the Senate floor, Sen. David Suetterlein of Roanoke, a Republican with an independent voting streak, said that while he supports the "spirit" of the legislation, he had concerns about creating an "affirmative legal right."

"I think that we need to continue making sure that we expand contraceptive coverage and access. I think abortion is a tragedy, and I think one of the greatest things we can do to reduce the likelihood of those occurring is make sure that we have contraceptives available to people across this Commonwealth," he said.

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The measures are supported by associations representing health care providers — the American College of Obstetricians and Gynecologists and the American College of Nurse Midwives — along with the American Civil Liberties Union of Virginia and Planned Parenthood Advocates of Virginia.

The bills are almost certain to reach final passage in the coming weeks. But it's not clear how Republican Gov. Glenn Youngkin will act on them. Asked for comment, his press office said only that he will review all legislation that reaches his desk.

If Youngkin does not sign the legislation, "he’ll need to explain to Virginians why he thinks contraception ought not to be protected," Hashmi said.

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