This story was reported and written by our media partner the Virginia Mercury.
With contraception rights under scrutiny nationwide, Virginia Democrats are doubling down on efforts to safeguard access, even as they brace for potential pushback from Gov. Glenn Youngkin.
House Bill 1716, introduced by Del. Cia Price, D-Newport News, passed the House of Delegates on Thursday, while a companion bill from Sen. Ghazala Hashmi, D-Chesterfield, cleared the Senate Education and Health Committee.
Last year, similar bills passed both chambers with bipartisan support but were ultimately vetoed by Youngkin.
The measures aim to solidify legal protections for health care providers prescribing contraceptives and for patients accessing them. Both Price and Hashmi have emphasized the importance of these protections, pointing to increasing restrictions on contraception in other states and the lack of progress on federal safeguards amid the evolving national landscape on reproductive healthcare.
Their push takes on added urgency following the U.S. Supreme Court’s decision to overturn Roe vs. Wade. Justice Clarence Thomas has suggested revisiting rulings that currently protect contraception access at the federal level.
“It is not hyperbole to say that access to contraception is in jeopardy in this country,” Hashmi said.
Both Hashmi and Price have underscored the broader health benefits of contraception, which extends beyond pregnancy prevention. Contraceptives are commonly prescribed to treat medical conditions like endometriosis and polycystic ovarian syndrome (PCOS). Price, who is personally treated for PCOS, highlighted this as one of many reasons for why these protections are essential.
Tammy Alexander, a resident of Hanover County, shared her story in support of the bill, noting that she takes prescribed contraception not for family planning, but for health reasons.
Despite this support, the legislation has faced opposition from groups typically against abortion. Jeff Caruso, representing the Virginia Catholic Conference, argued that the bill could allow minors to bypass parental consent for sterilization procedures. However, under current state law, sterilization and similar surgeries do require parental consent. State law otherwise treats minors as adults, so they do not need parental consent, even though minors can access contraception without it.
Caruso also raised concerns over the absence of explicit religious exemptions for providers who object to prescribing contraception due to their beliefs. Similarly, Sen. David Suetterlein, R-Roanoke County, included a conscience clause in his own contraception proposal this session, which failed to advance. Suetterlein subsequently voted against Hashmi’s bill in committee.
Advocates for the legislation have pointed out that federal law already includes religious exemptions, which would override state law in the event of a legal challenge. They have also criticized attempts to align the bill’s language with the federal Supreme Court case currently protecting contraception, arguing that such changes would weaken Virginia’s ability to safeguard access at the state level should federal protections be overturned.
Opposition has also come from anti-abortion groups, including Olivia Turner of the Virginia Society For Human Life, who called for amendments to ensure abortion-inducing drugs — like mifepristone — are not classified as contraceptives.
“The bill does acknowledge that contraceptives are for prevention of pregnancy and goes on to suggest that any drug approved by the Federal Drug Administration would in fact qualify,” Turner said.
“Under the circumstances we would like to see the bill amended to create a path to acknowledge that drugs like mifepristone whose sole purpose is to end the life of a child who’s already started their life could not be qualified as a contraceptive.”
Mifepristone, an FDA-regulated drug, is not classified as contraception. It is part of a two-step process for medication-induced abortions and is also used in treating miscarriages to prevent infections.The drug is currently regulated under Virginia abortion laws based on pregnancy stages.
With the bills likely heading back to Youngkin’s desk by the end of the session, the governor may either veto them again or propose amendments.
When asked about his stance, Youngkin spokesman Christian Martinez reiterated the governor’s support for contraception access but emphasized that “any contraception-related changes must be coupled with robust conscience clause protections for providers and must uphold the fundamental right of parents to make decisions concerning their children’s upbringing and care.”
