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Senate
File
2057
-
Introduced
SENATE
FILE
2057
BY
WAHLS
A
BILL
FOR
An
Act
relating
to
the
right
to
contraception.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
LEGISLATIVE
FINDINGS.
The
general
assembly
1
finds
all
of
the
following:
2
1.
The
right
to
contraception
is
a
fundamental
right,
3
central
to
a
person’s
privacy,
health,
well-being,
dignity,
4
liberty,
equality,
and
ability
to
participate
in
the
social
and
5
economic
life
of
the
state.
6
2.
The
United
States
supreme
court
has
repeatedly
7
recognized
the
constitutional
right
to
contraception.
8
a.
In
Griswold
v.
Connecticut,
381
U.S.
479
(1965),
the
9
United
States
supreme
court
first
recognized
the
constitutional
10
right
for
married
people
to
use
contraceptives.
11
b.
In
Eisenstadt
v.
Baird,
405
U.S.
438
(1972),
the
United
12
States
supreme
court
confirmed
the
constitutional
right
of
all
13
people
to
legally
access
contraceptives
regardless
of
marital
14
status.
15
c.
In
Carey
v.
Population
Services
International,
431
16
U.S.
678
(1977),
the
United
States
supreme
court
affirmed
the
17
constitutional
right
to
contraceptives
for
minors.
18
3.
The
right
to
contraceptives
is
protected
under
the
19
Iowa
Constitution
by
Article
I,
section
1,
as
well
as
under
20
the
United
States
Constitution
right
to
privacy
as
determined
21
by
Griswold
v.
Connecticut,
381
U.S.
479
(1965),
and
the
due
22
process
clause
as
determined
in
Lawrence
v.
Texas,
539
U.S.
23
558,
573-74
(2003).
24
4.
The
right
to
contraception
has
been
repeatedly
25
recognized
internationally
as
a
human
right.
26
a.
The
United
Nations
population
fund
has
published
several
27
reports
outlining
family
planning
as
a
basic
human
right
that
28
advances
women’s
health,
economic
empowerment,
and
equality.
29
b.
Access
to
contraceptives
is
internationally
recognized
30
by
the
world
health
organization
as
advancing
other
human
31
rights
such
as
the
right
to
life,
liberty,
expression,
health,
32
work,
and
education.
33
5.
Contraception
is
safe,
essential
health
care,
and
access
34
to
contraceptive
products
and
services
is
central
to
a
person’s
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ability
to
participate
equally
in
economic
and
social
life.
1
6.
Contraception
allows
a
person
to
make
decisions
about
2
their
families
and
their
lives.
3
7.
Contraception
is
key
to
sexual
and
reproductive
health.
4
8.
Contraception
is
critical
to
preventing
unintended
5
pregnancy,
and
many
contraceptives
are
highly
effective
in
6
preventing
and
treating
a
wide
array
of
often
severe
medical
7
conditions
and
in
decreasing
the
risk
of
certain
cancers.
8
9.
Family
planning
improves
health
outcomes
for
women,
9
their
families,
and
their
communities
and
reduces
rates
of
10
maternal
and
infant
mortality
and
morbidity.
11
10.
The
United
States
has
a
long
history
of
reproductive
12
coercion,
including
the
childbearing
forced
upon
enslaved
13
women,
as
well
as
the
forced
sterilization
of
African
American
14
women,
Puerto
Rican
women,
indigenous
women,
immigrant
15
women,
and
women
with
disabilities,
and
reproductive
coercion
16
continues
to
occur.
17
11.
The
right
to
make
personal
decisions
about
18
contraceptive
use
is
important
for
all
people,
and
is
19
especially
critical
for
people
who
are
part
of
historically
20
marginalized
groups
and
people
living
in
rural
and
underserved
21
areas.
Many
people
who
are
part
of
historically
marginalized
22
groups
face
barriers,
exacerbated
by
social,
political,
23
economic,
and
environmental
inequities,
to
comprehensive
health
24
care,
including
reproductive
health
care,
that
reduce
their
25
ability
to
make
decisions
about
their
health,
families,
and
26
lives.
For
the
purposes
of
this
subsection,
“historically
27
marginalized
groups”
means
groups
of
people
that
have
been
28
excluded,
oppressed,
or
disadvantaged
due
to
factors
including
29
but
not
limited
to
race,
ethnicity,
sex,
gender
identity,
30
socioeconomic
status,
disability,
and
sexual
orientation.
31
12.
Policies
governing
pharmaceutical
and
insurance
32
policies
affect
the
accessibility
of
contraceptives
and
the
33
settings
in
which
contraception
services
are
delivered.
34
13.
Despite
the
clearly
established
constitutional
right
to
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contraception,
access
to
contraceptives,
including
emergency
1
contraceptives
and
long-acting
reversible
contraceptives,
has
2
been
obstructed
in
various
ways.
3
14.
The
refusals
of
providers
to
offer
contraceptives
4
and
contraception-related
information
on
the
basis
of
the
5
providers’
own
personal
beliefs
impede
patients
from
obtaining
6
their
preferred
method.
7
15.
States
have
attempted
to
define
abortion
expansively
in
8
order
to
include
contraceptives
in
state
bans
on
abortion
and
9
have
also
restricted
access
to
emergency
contraception.
10
16.
In
June
2022,
Justice
Thomas,
in
his
concurring
11
opinion
in
Dobbs
v.
Jackson
Women’s
Health
Organization,
597
12
U.S.
215
(2022),
stated
that
the
United
States
supreme
court
13
“should
reconsider
all
of
this
Court’s
substantive
due
process
14
precedents,
including
Griswold,
Lawrence,
and
Obergefell”
and
15
that
the
court
has
“a
duty
to
correct
the
error
established
in
16
those
precedents”
by
overruling
them.
17
17.
To
further
public
health
and
to
combat
efforts
to
18
restrict
access
to
reproductive
health
care,
action
is
19
necessary
to
protect
access
to
contraceptives,
contraception,
20
and
contraception-related
information
for
everyone,
regardless
21
of
actual
or
perceived
race;
ethnicity;
sex,
including
gender
22
identity
and
sexual
orientation;
income;
disability;
national
23
origin;
immigration
status;
or
geographic
location.
24
Sec.
2.
NEW
SECTION
.
135S.1
Short
title.
25
This
chapter
shall
be
known
and
may
be
cited
as
the
“Right
to
26
Contraception
Act”.
27
Sec.
3.
NEW
SECTION
.
135S.2
Definitions.
28
As
used
in
this
chapter,
unless
the
context
otherwise
29
requires:
30
1.
“Contraception”
means
an
action
taken
to
prevent
31
pregnancy,
including
the
use
of
contraceptives
or
32
fertility-awareness-based
methods
and
sterilization
procedures.
33
2.
“Contraceptive”
means
any
drug,
device,
or
biological
34
product
intended
for
use
in
the
prevention
of
pregnancy,
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whether
specifically
intended
to
prevent
pregnancy
or
for
1
other
health
needs,
that
is
legally
marketed
under
the
Federal
2
Food,
Drug,
and
Cosmetic
Act,
such
as
oral
contraceptives,
3
long-acting
reversible
contraceptives
including
intrauterine
4
devices,
emergency
contraceptives,
internal
and
external
5
condoms,
injectables,
vaginal
barrier
methods,
transdermal
6
patches,
vaginal
rings,
and
other
contraceptives.
7
3.
“Health
care
provider”
means
the
same
as
defined
in
8
section
135P.1.
9
4.
“Political
subdivision”
means
a
city,
county,
township,
10
village,
or
school
district.
11
Sec.
4.
NEW
SECTION
.
135S.3
Statutory
right
——
limitations
12
or
requirements.
13
1.
A
person
has
a
statutory
right
under
this
chapter
to
14
obtain
contraceptives
and
to
engage
in
contraception,
and
a
15
health
care
provider
has
a
corresponding
right
to
provide
16
contraceptives,
contraception,
and
contraception-related
17
information.
18
2.
The
statutory
rights
specified
in
subsection
1
shall
not
19
be
limited
or
otherwise
infringed
through
any
limitation
or
20
requirement
that
does
any
of
the
following:
21
a.
Expressly,
effectively,
implicitly,
or
as
implemented
22
singles
out:
23
(1)
The
provision
of
contraceptives,
contraception,
or
24
contraception-related
information.
25
(2)
Health
care
providers
who
provide
contraceptives,
26
contraception,
or
contraception-related
information.
27
(3)
Facilities
in
which
contraceptives,
contraception,
or
28
contraception-related
information
is
provided.
29
b.
Impedes
access
to
contraceptives,
contraception,
or
30
contraception-related
information.
31
3.
To
defend
against
a
claim
that
a
limitation
or
32
requirement
violates
a
health
care
provider’s
or
patient’s
33
statutory
rights
under
subsection
2,
a
party
must
establish,
by
34
clear
and
convincing
evidence,
all
of
the
following:
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a.
The
limitation
or
requirement
significantly
1
advances
the
safety
of
contraceptives,
contraception,
and
2
contraception-related
information.
3
b.
The
safety
of
contraceptives,
contraception,
and
4
contraception-related
information
or
the
health
of
patients
5
cannot
be
advanced
by
a
less
restrictive
alternative
measure
6
or
action.
7
Sec.
5.
NEW
SECTION
.
135S.4
Applicability.
8
1.
The
state
and
any
political
subdivision
of
the
state
9
shall
not
administer,
implement,
or
enforce
any
law,
rule,
10
regulation,
standard,
or
other
provision
having
the
force
and
11
effect
of
law
in
a
manner
that
does
any
of
the
following:
12
a.
Prohibits
or
restricts
the
sale,
provision,
or
use
of
13
any
contraceptives
that
have
been
approved
by
the
United
States
14
food
and
drug
administration
for
contraceptive
purposes.
15
b.
Prohibits
or
restricts
any
person
from
aiding
another
16
person
in
obtaining
any
contraceptives
approved
by
the
United
17
States
food
and
drug
administration
for
contraceptive
methods.
18
c.
Exempts
any
contraceptives
approved
by
the
United
19
States
food
and
drug
administration
from
any
other
generally
20
applicable
law
in
a
way
that
would
make
it
more
difficult
21
to
sell,
provide,
obtain,
or
use
those
contraceptives
or
22
contraceptive
methods.
23
2.
This
section
does
not
supersede
or
otherwise
affect
any
24
provision
relating
to
coverage
under
group
health
plans
or
25
group
or
individual
health
insurance
coverage
and
may
not
be
26
construed
as
requiring
the
provision
of
specific
benefits
under
27
those
plans
or
coverage.
28
3.
A
person
who
is
subject
to
a
limitation
or
requirement
29
that
violates
this
chapter
may
raise
this
section
as
a
defense
30
to
any
cause
of
action
against
the
person.
31
Sec.
6.
NEW
SECTION
.
135S.5
Construction.
32
1.
This
chapter
shall
be
liberally
construed
to
effectuate
33
its
purposes.
34
2.
This
chapter
shall
not
be
construed
to
do
any
of
the
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following:
1
a.
Authorize
any
government
or
political
subdivision
to
2
interfere
with
a
health
care
provider’s
ability
to
provide
3
contraceptives
or
contraception-related
information
or
a
4
person’s
ability
to
obtain
contraceptives
or
to
engage
in
5
contraception.
6
b.
Permit
or
sanction
the
conduct
of
any
sterilization
7
procedure
without
the
patient’s
voluntary
and
informed
consent.
8
3.
The
constitutional
protections
relating
to
contraception
9
as
a
fundamental
right
shall
not
be
limited
by
federal
or
state
10
law.
11
Sec.
7.
NEW
SECTION
.
135S.6
Enforcement.
12
1.
The
attorney
general
may
commence
a
civil
action
on
13
behalf
of
the
state
against
any
person
that
violates
or
14
enforces
a
limitation
or
requirement
that
violates
this
15
chapter.
Notwithstanding
any
provision
to
the
contrary,
in
a
16
civil
action
brought
under
this
chapter,
the
attorney
general
17
may
compromise
and
settle
the
action
as
the
attorney
general
18
determines
to
be
in
the
best
interest
of
the
state.
19
2.
Any
person,
including
any
health
care
provider
or
20
patient,
adversely
affected
by
an
alleged
violation
of
this
21
chapter
may
commence
a
civil
action
against
any
person
that
22
violates,
implements,
or
enforces
a
limitation
or
requirement
23
that
violates
this
chapter.
24
3.
A
health
care
provider
may
commence
an
action
for
relief
25
on
the
health
care
provider’s
own
behalf,
on
behalf
of
the
26
provider’s
staff,
or
on
behalf
of
the
provider’s
patients
who
27
are
or
may
be
adversely
affected
by
an
alleged
violation
of
28
this
chapter.
29
4.
If
a
court
finds
that
there
has
been
a
violation
of
30
this
chapter,
the
court
shall
set
aside
the
limitation
or
31
requirement
as
unlawful.
In
any
action
under
this
chapter,
32
the
court
may
award
appropriate
equitable
relief,
including
33
temporary,
preliminary,
or
permanent
injunctive
relief.
34
5.
Notwithstanding
any
provision
to
the
contrary,
in
any
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action
under
this
chapter,
the
court
shall
award
costs
and
1
reasonable
attorney
fees
to
any
prevailing
plaintiff.
Unless
a
2
court
determines
an
action
is
frivolous,
the
court
shall
not
3
hold
a
plaintiff
liable
to
a
defendant
for
costs
and
attorney
4
fees
in
an
action
under
this
chapter.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
right
to
contraception.
9
The
bill
provides
legislative
findings
including
the
10
recognition
by
the
United
States
supreme
court
of
the
right
to
11
contraception
as
a
fundamental
right.
12
The
bill
establishes
that
a
person
has
a
statutory
right
to
13
obtain
contraceptives,
to
engage
in
contraception,
and
that
14
a
health
care
provider
has
a
corresponding
right
to
provide
15
contraceptives,
contraception,
and
contraception-related
16
information.
Under
the
bill,
these
rights
may
not
be
limited
17
or
otherwise
infringed
through
any
limitation
or
requirement
18
that
expressly,
effectively,
implicitly,
or
as
implemented
19
singles
out:
the
provision
of
contraceptives,
contraception,
20
or
contraception-related
information;
health
care
providers
who
21
provide
contraceptives,
contraception,
or
contraception-related
22
information;
or
facilities
in
which
contraceptives,
23
contraception,
or
contraception-related
information
24
is
provided;
or
that
impedes
access
to
contraceptives,
25
contraception,
or
contraception-related
information.
The
26
bill
provides
that
a
party
may
defend
against
a
claim
that
27
a
limitation
or
requirement
violates
the
rights
established
28
under
the
bill
by
establishing,
by
clear
and
convincing
29
evidence,
both
that
the
limitation
or
requirement
significantly
30
advances
the
safety
of
contraceptives,
contraception,
and
31
contraception-related
information,
and
that
the
safety
of
32
contraceptives,
contraception,
and
contraception-related
33
information
or
the
health
of
patients
cannot
be
advanced
by
a
34
less
restrictive
alternative
measure
or
action.
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The
bill
specifically
provides
that
neither
the
state
1
nor
any
political
subdivision
of
the
state
shall
administer,
2
implement,
or
enforce
any
law,
rule,
regulation,
standard,
3
or
other
provision
having
the
force
and
effect
of
law
in
a
4
manner
that
prohibits
or
restricts
the
sale,
provision,
or
use
5
of
any
contraceptives
that
have
been
approved
by
the
United
6
States
food
and
drug
administration
(FDA)
for
contraceptive
7
purposes;
prohibits
or
restricts
any
person
from
aiding
another
8
person
in
obtaining
any
contraceptives
approved
by
the
FDA
or
9
contraceptive
methods;
or
exempts
any
contraceptives
approved
10
by
the
FDA
from
any
other
generally
applicable
law
in
a
way
11
that
would
make
it
more
difficult
to
sell,
provide,
obtain,
12
or
use
those
contraceptives
or
contraceptive
methods.
The
13
bill
is
to
be
liberally
construed
and
provides
limitations
14
regarding
how
the
bill
may
be
construed.
The
bill
provides
15
that
the
constitutional
protections
relating
to
the
right
to
16
contraception
as
a
fundamental
right
shall
not
be
limited
by
17
federal
or
state
law.
The
bill
authorizes
the
attorney
general
18
on
behalf
of
the
state
or
any
person,
including
any
health
care
19
provider
or
patient,
to
bring
a
cause
of
action
for
a
violation
20
of
the
bill.
21
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