Democratic lawmakers propose 'Right to Contraception Act' to protect access in Florida
Two Democratic lawmakers want the Legislature to approve a “Right to Contraception Act,” guaranteeing Floridians can buy and use birth control such as pills, transdermal patches and condoms, among other things.
Rep. Gallop Franklin, D-Tallahassee, Wednesday said the measure (HB 933/SB 1446) is needed because current Florida law is vague, with no definition of what contraception is, or a clear understanding that there is a right to use it.
The legislation is sponsored by Sen. Rosalind Osgood, D-Fort Lauderdale, in the Senate and prohibits any law, rule, regulation or provision that prevents the use of a federally approved contraceptive. They appeared together at a press conference in the Capitol.
“We want to ensure that every Floridian has a government that leaves them alone and trusts them to maintain control over their own reproductive choices, and also provides a safety net against potential drawbacks and contraceptive rights,” Franklin said.
Those drawbacks have occurred in at least seven states since the Supreme Court's 2022 Dobbs decision to overturn Roe v. Wade, which had long established a federal right to abortion.
In a concurring opinion, Justice Clarence Thomas said the court should also “correct the error” it made in the 1965 Griswold decision, which established a right to contraception.
Polls consistently show broad bipartisan support for contraception, though opposition exists. The Roman Catholic Church opposes any form of artificial birth control.
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In expansive abortion bans enacted since Dobbs, Arkansas, Kentucky, Idaho, Missouri, Tennessee and Wyoming outlawed the use of any instrument, device, medicine and drug with the intent other than to increase the probability of a live birth, according to KFF, a health policy research organization.
The two Democrats Wednesday conceded they face an uphill climb in a Republican-controlled Legislature that has, for example, chipped away at abortion rights with a 15-week abortion ban, now under challenge in state court, and a six-week ban contingent on the outcome of that court case.
But they say contraception is a “people’s issue, not a partisan one."
"And we should focus on people in addressing issues and not get stuck on the partisan politics," Osgood said.
Neither chamber has yet to schedule the proposal for a hearing. A spokesperson for Senate President Kathleen Passidomo said she had no comment on the bill. House Speaker Paul Renner's office did not immediately respond to a request for a comment.
“There are a lot of folks that tried to say contraceptives might have some sort of abortion spin to it, but if you look at the polling, people that identify as Republicans at a very high level agree that we should have access to birth control,” Franklin said.
According to Gallup, more than 90% of U.S. citizens polled support access to contraception and most people opposed to abortion see it as an effective way to reduce demand for the procedure.
James Call is a member of the USA TODAY NETWORK-Florida Capital Bureau. He can be reached at jcall@tallahassee.com. Follow him on X: @CallTallahassee.
This article originally appeared on Tallahassee Democrat: Efforts to safeguard contraceptive rights filed this legislative session
