‘Right to birth control’ bill stalls in Louisiana Legislature over anti-abortion concerns

Legislation enshrining a person’s right to use contraception into Louisiana law is in a holding pattern until a prominent anti-abortion group declares where it stands on the measure.

Rep. Delisha Boyd, D-New Orleans, voluntarily pushed consideration of her legislation, House Bill 395, until next week after lawmakers on the House Committee on Health and Welfare raised concerns Louisiana Right to Life, the state’s preeminent anti-abortion organization, might oppose the measure. 

In an interview, Right to Life’s executive director, Benjamin Clapper, said his group is still mulling over the proposal and had not decided what position to take on it yet. Conservative legislators might fear getting crosswise with Clapper’s organization, which can mobilize blocks of voters to participate in elections. 

Three other religious organizations – Louisiana Family Forum, Louisiana Catholic of Conference Bishops and the Louisiana Baptist Convention – oppose the legislation.

“When couples use contraception, they separate the unitive and procreative meanings that God the creator has inscribed into the very being of man and woman,” Tom Costanza, a lobbyist for the Catholic Church, said at Wednesday’s hearing on Boyd’s bill. 

Democrats in statehouses around the country have introduced legislation to protect access to birth control in the wake of the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade. It paved the way for abortion bans in Louisiana and several other states, and reproductive rights advocates worry restrictions on birth control will follow.

Boyd’s bill is supposed to ensure the ability to prescribe and use a variety of birth control options, including oral contraceptives, intrauterine devices (IUDs) and the morning-after pill, also known as Plan B. 

The morning-after pill is not to be confused with mifepristone, the abortion drug that is at the heart of an ongoing U.S. Supreme Court case.

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The legislation is not meant to influence health insurance coverage of birth control, supporters said. Instead, it’s supposed to push back on future legal arguments and legislation that could limit contraceptives. 

During the committee hearing, Boyd accepted an amendment from Republican lawmakers that reiterates health care providers cannot be forced to offer contraception over their personal objections. 

But two legislators on the heath committee also raised other questions about IUDs and emergency contraception like the morning-after pill. They particularly targeted the coverage of IUDs and emergency contraception by the state Medicaid program and the Office of Group Benefits, which provides private health insurance plans to state workers, public school teachers and retirees. 

“It sounds like in your testimony you want to ensure every form of birth control is available. Is that right?” Rep. Raymond Crews, R-Bossier City, asked Boyd during a hearing. “Do you think that would prohibit the Office of Group Benefits from saying ‘Hey, you can have contraceptives. Just not IUDs?’”

“As I read this bill, it just looks like to me that you are trying to put into statute the morning-after pill… which you are deeming as contraceptive,” Rep. Michael Echols, R-Monroe, said. 

Religious conservatives have targeted IUDs and emergency contraception pills for restrictions because they erroneously believe they act in a similar way to abortion medication, according to KFF, a health care public policy think tank.

IUDs and emergency contraception, which can be taken days after sex, don’t terminate a pregnancy. They prevent one from happening by blocking the fertilization of eggs and ovulation, according to KFF.

Echols also wanted more information about the potential financial impact of the legislation on the Medicaid program and public employee health care plans. If the bill increased health insurance coverage of birth control for Medicaid recipients or public employees, it could cost the state more money, he said.

Federal law already requires most public and private health insurance plans to offer birth control options at no additional cost to patients. 

Louisiana’s Medicaid program, which provides health insurance to low-income people and those with disabilities, pays for a variety of contraceptives, including IUDs and the morning-after pill. The Office of Group Benefits insurance plans also offer birth control coverage, including IUDs, to state employees and public school teachers at no additional cost.

Should Boyd’s bill permanently stall, Sen. Royce Duplessis, D-New Orleans, has the option to move identical legislation on the right to birth control in his chamber.