A substitute amendment from Gov. Glenn Youngkin would overhaul a bill intended to protect access to birth control in Virginia.
“It gutted it in all senses with enforcement and in actual protections,” said Del. Cia Price, a Newport News Democrat who introduced the legislation in the House.
The original bill states that health care providers have the right to prescribe contraceptives, and individuals have the right to obtain and use them. The measure did not pertain to abortion and defined contraceptives as any drug or device legally marketed and intended for use in the “prevention of pregnancy.” It created a right to file a lawsuit over violations and did not have a fiscal impact.
Youngkin struck that language, and put forth a Section 1 bill stating it shall be the “public policy of the Commonwealth, independently of the requirements of the Constitution of the United States, that individuals possess the right to access contraception as set forth in Griswold v. Connecticut, and Eisenstadt v. Baird.”
Section 1 bills lack teeth and are an expression of values, said Price, such as when a city council passes a resolution instead of an ordinance.
The Republican governor’s amendment refers to the 1965 Griswold decision, when the Supreme Court ruled that the constitutional right to privacy protected the right of married couples to use contraception. The court later extended that right to unmarried individuals in its ruling on Eisenstadt v. Baird in 1972.
Price urged those who supported the bill not to be discouraged. She said advocates should continue to reach out to legislators or the governor’s office.
“This is just another step in the process,” she said, explaining the legislation now heads back to the General Assembly, which will reconvene next week.
A few Republicans joined in passing the bill through the House by a 55-44 vote. In the Senate, it passed by a party-line 21-19 vote.
Ghazala Hashmi, a Richmond Democrat, introduced an identical measure in the Senate. Hashmi delivered a petition to Youngkin’s office Saturday with more than 37,000 signatures urging the governor to support the legislation.
In a joint statement with Price, Hashmi slammed the governor’s amendment.
“By introducing it as a ‘Section 1’ bill, Governor Youngkin’s substitute would effectively make it a suggestion rather than a law and leave our rights up to the whims of the people in power,” they wrote in a Tuesday release.
When asked for a response, a Youngkin spokesperson said Wednesday that the governor has been “consistently clear that he supports access to contraception.”
Health care providers in Virginia currently can prescribe birth control, and some methods, such as condoms and the emergency contraceptive pill, are available over the counter.
But some birth control advocates became concerned after Roe v. Wade was overturned in 2022. In his concurring opinion, Justice Clarence Thomas wrote that the court should reconsider other landmark cases, including Griswold vs. Connecticut.
Republican legislators who opposed the bill previously argued the legislation would harm health care providers.
Del. Keith Hodges, R-Urbanna, said it would allow women to “go after” doctors who refuse to prescribe them birth control pills because they have underlying conditions, such as hypertension, that make it dangerous for them to take the pill. Hodges did not respond to a request from The Virginian-Pilot in February asking if any medical associations had shared concerns with him about the bill.
During a health subcommittee meeting earlier this year, the American College of Nurses-Midwives and the American College of Obstetricians and Gynecologists — the nation’s largest organization for OBGYNs — spoke in favor of the legislation. Three organizations with religious ties spoke against the bill, including Pro-Family Women and The Family Foundation.
A 2022 survey from the Kaiser Family Foundation found the majority of women (90%) ages 18-64 have used contraceptives at some point in their lives. The foundation is a nonpartisan organization focused on polling and health policy research.
Katie King, katie.king@virginiamedia.com
