Measures would expand insurance coverage and create a state-level right as federal policy remains in flux.
Two bills aimed at expanding access to contraception in Virginia are headed to Gov. Abigail Spanberger’s desk, reviving measures that cleared the legislature in the past but never became law.
If signed this month, the proposals would mark a shift under Spanberger, a Democrat who has voiced support for reproductive rights and broader health care access.
The Right to Contraception Act, sponsored by Del. Cia Price, D-Newport News, and Sen. Jennifer Carroll Foy, D-Prince William, would establish a state-level right to obtain contraception and allow individuals to sue if that right is violated.
Meanwhile, the Contraception Equity Act, sponsored by Carroll Foy and Del. Joshua Thomas, D-Prince William, would require health insurance companies to cover both prescription and over-the-counter contraceptives without cost-sharing.
“If you have a right that’s fantastic, but you also have to have access to that right,” said Repro Rising Virginia director Tarina Keene in a recent call.
She emphasized that the two bills could help more people obtain contraception at a time when many are already struggling.
Data from the Virginia Department of Health shows a downward trend in unplanned pregnancies as the state has expanded access through state-level programs and leveraged federal support. However, nearly 40% of respondents to a VDH survey statewide reported that being uninsured or facing costs they could not afford as barriers to accessing contraception.
While a federal program can help uninsured individuals, the bill from Carroll Foy and Thomas could also expand access for those with both public and private insurance.
Funding for the federal Title X program expired this month, and the U.S. Department of Health and Human Services belatedly opened application windows for the next funding cycle.
The Contraception Equity Act would ultimately bring Virginia into closer alignment with the Affordable Care Act, which requires insurers to cover contraception.
However, a regulation issued during President Donald Trump’s first term broadened exemptions for employers and universities with religious or moral objections, allowing them to exclude birth control coverage from the insurance plans they offer. Virginia Attorney General Jay Jones is part of a multi-state lawsuit challenging that rule.
As federal policy around reproductive health continues to shift, Keene said the bill from Carroll Foy and Thomas could help “put teeth” into the Right to Contraception Act.
Her organization has supported both measures for years, offering testimony during public comment periods and advocating for their passage.
The Equity Act received bipartisan support in both chambers. While Keene said she would like to see more Republican backing, she said the votes reflect a recognition that the law can help people with family planning and medical conditions treated with contraception.
The two versions of the Right to Contraception Act, however, saw different levels of bipartisan support, largely due to a renewed debate over parental consent. Republican lawmakers sought to restate existing state law prohibiting minors from undergoing sterilization procedures without parental consent.
Current state code already allows minors to obtain contraception without parental or guardian approval, while requiring consent for surgical procedures.
Carroll Foy agreed to include the additional language in her version of the proposal to “make some Republicans feel a lot more comfortable about supporting the bill,” she told The Mercury last month.
Price, who has carried her version of the bill for several years, said the addition was unnecessary.
“We do not restate current law in every single bill that we bring forward, we allow existing code to speak for itself,” she previously said.
As the two chambers reconciled their differences, the added language was ultimately dropped, and the bill still passed the legislature. Both women have emphasized that the measure is important as a safeguard if federal contraception protections are weakened.
After the U.S. Supreme Court overturned federal abortion protections in 2022, Justice Clarence Thomas expressed interest in revisiting cases that protect contraception rights. In response, some states have moved to establish their own protections, similar to what Virginia lawmakers are pursuing.
With both access-focused bills cleared by the legislature, Spanberger has until April 13 to sign them, propose amendments or veto them. If amendments are offered, lawmakers will reconvene on April 22nd and 23rd to consider changes and finalize the state budget.
