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AB588: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0096/1
SWB&JPC:klm
2025 ASSEMBLY BILL 588
October 24, 2025 - Introduced by Representatives
Subeck
,
Andraca
,
Arney
,
Bare
,
Clancy
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Goodwin
,
Hysell
,
Joers
,
Johnson
,
Madison
,
McCarville
,
Moore Omokunde
,
Neubauer
,
Ortiz-Velez
,
Palmeri
,
Prado
,
Sinicki
and
Stroud
, cosponsored by Senators
Hesselbein
,
Roys
,
Dassler-Alfheim
,
Habush Sinykin
,
L. Johnson
,
Keyeski
,
Larson
,
Pfaff
,
Ratcliff
,
Spreitzer
and
Wall
. Referred to Committee on State Affairs.
AB588,1,2
1
An Act
to create
253.078 of the statutes;
relating to:
statutory right to
2
contraception.
Analysis by the Legislative Reference Bureau
This bill establishes that a person has a statutory right to obtain contraceptives and to engage in contraception and, further, that a health care provider has a corresponding right to provide contraceptives, contraception, and contraception-related information. Under the bill, these rights may not be limited or otherwise infringed through any limitation or requirement that 1) expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; and 2) impedes access to contraceptives, contraception, or contraception-related information. The bill provides that a party may defend against a claim that a limitation or requirement violates the rights established under the bill by establishing, by clear and convincing evidence, both that the limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information and that the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative measure or action.
The bill specifically provides that neither the state nor any political subdivision of the state may administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law in a manner that 1) prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the federal Food and Drug Administration (FDA) for contraceptive purposes; 2) prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the FDA or contraceptive methods; or 3) exempts any contraceptives approved by the FDA from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods. The bill allows the attorney general on behalf of the state or any individual or entity, including any health care provider or patient, to bring a cause of action for a violation of the provisions of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB588,1
1
Section
1
.
253.078 of the statutes is created to read:
AB588,2,3
2
253.078
Right to contraception.
(1)
Short title.
This section shall be
3
known as the “Right to Contraception Act.”
AB588,2,4
4
(2)
Definitions.
In this section:
AB588,2,7
5
(a) “Contraception” means an action taken to prevent pregnancy, including
6
the use of contraceptives or fertility-awareness-based methods and sterilization
7
procedures.
AB588,2,14
8
(b) “Contraceptive” means any drug, device, or biological product intended for
9
use in the prevention of pregnancy, whether specifically intended to prevent
10
pregnancy or for other health needs, that is legally marketed under the federal
11
Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible
12
contraceptives, emergency contraceptives, internal and external condoms,
13
injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or
14
other contraceptives.
AB588,2,15
15
(c) “Health care provider” has the meaning given in s. 146.81 (1).
AB588,3,1
1
(d) “Political subdivision” means a city, village, town, or county.
AB588,3,5
2
(3)
Permitted services.
(a) A person has a statutory right under this
3
section to obtain contraceptives and to engage in contraception, and a health care
4
provider has a corresponding right to provide contraceptives, contraception, and
5
contraception-related information.
AB588,3,7
6
(b) The statutory rights specified in par. (a) may not be limited or otherwise
7
infringed through any limitation or requirement that does all of the following:
AB588,3,12
8
1. Expressly, effectively, implicitly, or as implemented singles out the
9
provision of contraceptives, contraception, or contraception-related information;
10
health care providers who provide contraceptives, contraception, or contraception-
11
related information; or facilities in which contraceptives, contraception, or
12
contraception-related information is provided.
AB588,3,14
13
2. Impedes access to contraceptives, contraception, or contraception-related
14
information.
AB588,3,17
15
(c) To defend against a claim that a limitation or requirement violates a
16
health care provider’s or patient’s statutory rights under par. (b), a party must
17
establish, by clear and convincing evidence, all of the following:
AB588,3,19
18
1. The limitation or requirement significantly advances the safety of
19
contraceptives, contraception, and contraception-related information.
AB588,3,22
20
2. The safety of contraceptives, contraception, and contraception-related
21
information or the health of patients cannot be advanced by a less restrictive
22
alternative measure or action.
AB588,4,3
23
(4)
Applicability
. (a) Neither the state nor any political subdivision of the
1
state may administer, implement, or enforce any law, rule, regulation, standard, or
2
other provision having the force and effect of law in a manner that does any of the
3
following:
AB588,4,6
4
1. Prohibits or restricts the sale, provision, or use of any contraceptives that
5
have been approved by the federal food and drug administration for contraceptive
6
purposes.
AB588,4,9
7
2. Prohibits or restricts any person from aiding another person in obtaining
8
any contraceptives approved by the federal food and drug administration or
9
contraceptive methods.
AB588,4,13
10
3. Exempts any contraceptives approved by the federal food and drug
11
administration from any other generally applicable law in a way that would make it
12
more difficult to sell, provide, obtain, or use those contraceptives or contraceptive
13
methods.
AB588,4,17
14
(b) This section does not supersede or otherwise affect any provision relating
15
to coverage under group health plans or group or individual health insurance
16
coverage and may not be construed as requiring the provision of specific benefits
17
under these plans or coverage.
AB588,4,20
18
(c) An individual or entity who is subject to a limitation or requirement that
19
violates this section may raise this section as a defense to any cause of action
20
against the individual or entity.
AB588,4,22
21
(5)
Construction.
(a) This section shall be liberally construed to effectuate
22
its purposes.
AB588,4,23
23
(b) Nothing in this section may be construed to do any of the following:
AB588,5,3
1
1. Authorize any government to interfere with a health care provider’s ability
2
to provide contraceptives or contraception-related information or a person’s ability
3
to obtain contraceptives or to engage in contraception.
AB588,5,5
4
2. Permit or sanction the conduct of any sterilization procedure without the
5
patient’s voluntary and informed consent.
AB588,5,11
6
(6)
Enforcement.
(a) The attorney general may commence a civil action on
7
behalf of the state against any person that violates or enforces a limitation or
8
requirement that violates this section. Notwithstanding s. 165.08 (1), in any civil
9
action brought under this paragraph, the attorney general may compromise and
10
settle the action as the attorney general determines to be in the best interest of the
11
state.
AB588,5,15
12
(b) Any individual or entity, including any health care provider or patient,
13
adversely affected by an alleged violation of this section may commence a civil
14
action against any person that violates or implements or enforces a limitation or
15
requirement that violates this section.
AB588,5,18
16
(c) A health care provider may commence an action for relief on its own behalf,
17
on behalf of the provider’s staff, and on behalf of the provider’s patients who are or
18
may be adversely affected by an alleged violation of this section.
AB588,5,22
19
(d) If a court finds that there has been a violation of this section, the court
20
shall hold unlawful and set aside the limitation or requirement. In any action
21
under this section, the court may award appropriate equitable relief, including
22
temporary, preliminary, or permanent injunctive relief.
AB588,6,4
23
(e) Notwithstanding the limitation under s. 814.04, in any action under this
1
section, the court shall award to any prevailing plaintiff costs and reasonable
2
attorney fees. Unless a court determines an action is frivolous, the court may not
3
hold a plaintiff liable to a defendant for costs and attorney fees in an action under
4
this section.
AB588,2
5
Section
2
. Nonstatutory provisions.
AB588,6,6
6
(
1
)
Legislative findings.
The legislature finds all of the following:
AB588,6,9
7
(
a
)
The right to contraception is a fundamental right, central to a person’s
8
privacy, health, well-being, dignity, liberty, equality, and ability to participate in the
9
social and economic life of the state.
AB588,6,11
10
(
b
)
The U.S. Supreme Court has repeatedly recognized the constitutional
11
right to contraception.
AB588,6,13
12
(
c
)
In Griswold v. Connecticut, 381 U.S. 479 (1965), the U.S. Supreme Court
13
first recognized the constitutional right for married people to use contraceptives.
AB588,6,16
14
(
d
) In Eisenstadt v. Baird, 405 U.S. 438 (1972), the U.S. Supreme Court
15
confirmed the constitutional right of all people to legally access contraceptives
16
regardless of marital status.
AB588,6,18
17
(
e
)
In Carey v. Population Services International, 431 U.S. 678 (1977), the
18
U.S. Supreme Court affirmed the constitutional right to contraceptives for minors.
AB588,7,5
19
(
f
)
The right to contraceptives is protected by the Wisconsin Constitution. See
20
article I, section 1, of the Wisconsin Constitution; Haase v. Sawicki, 20 Wis. 2d 308,
21
310 n.2 (1963) (finding that article I, section 1, of the Wisconsin Constitution is
22
substantially the equivalent of the Due Process Clause and the Equal Protection
23
Clause of the Fourteenth Amendment); Griswold v. Connecticut, 381 U.S. 479, 484-
24
86 (1965) (finding that a prohibition on the use of contraceptives violates the right
1
to privacy created by several fundamental constitutional guarantees under the U.S.
2
Constitution); and Lawrence v. Texas, 539 U.S. 558, 573-74 (2003) (finding that the
3
Due Process Clause of the Fourteenth Amendment protects personal decisions
4
relating to marriage, procreation, contraception, family relationships, child rearing,
5
and education).
AB588,7,9
6
(
g
)
The right to contraception has been repeatedly recognized internationally
7
as a human right. The United Nations Population Fund has published several
8
reports outlining family planning as a basic human right that advances women’s
9
health, economic empowerment, and equality.
AB588,7,12
10
(
h
)
Access to contraceptives is internationally recognized by the World Health
11
Organization as advancing other human rights such as the right to life, liberty,
12
expression, health, work, and education.
AB588,7,16
13
(
i
)
Contraception is safe, essential health care, and access to contraceptive
14
products and services is central to people’s ability to participate equally in economic
15
and social life. Contraception allows people to make decisions about their families
16
and their lives.
AB588,7,20
17
(
j
)
Contraception is key to sexual and reproductive health. Contraception is
18
critical to preventing unintended pregnancy, and many contraceptives are highly
19
effective in preventing and treating a wide array of often severe medical conditions
20
and decrease the risk of certain cancers.
AB588,7,23
21
(
k
)
Family planning improves health outcomes for women, their families, and
22
their communities and reduces rates of maternal and infant mortality and
23
morbidity.
AB588,8,4
1
(
l
)
The United States has a long history of reproductive coercion, including the
2
childbearing forced upon enslaved women, as well as the forced sterilization of
3
Black women, Puerto Rican women, indigenous women, immigrant women, and
4
disabled women, and reproductive coercion continues to occur.
AB588,8,13
5
(
m
)
The right to make personal decisions about contraceptive use is important
6
for all people, and is especially critical for historically marginalized groups,
7
including Black, indigenous, and other people of color; immigrants; lesbian, gay,
8
bisexual, transgender, and queer people; people with disabilities; people with low
9
incomes; and people living in rural and underserved areas. Many people who are
10
part of these marginalized groups already face barriers, exacerbated by social,
11
political, economic, and environmental inequities, to comprehensive health care,
12
including reproductive health care, that reduce their ability to make decisions
13
about their health, families, and lives.
AB588,8,16
14
(
n
)
Policies governing pharmaceutical and insurance policies affect the
15
accessibility of contraceptives and the settings in which contraception services are
16
delivered.
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