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Senate reinstates and passes Virginia Right to Contraception Act after reconsideration
Summary
SB 1105, the Virginia Right to Contraception Act, after an initial tied vote and a successful motion to reconsider, passed the Senate. Sponsors said the bill preserves access to contraception if federal precedents change; opponents criticized new private causes of action in the bill’s enforcement language.
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The Virginia Senate on Jan. 28 passed SB 1105, the Virginia Right to Contraception Act, after an initial tie vote and a subsequent successful motion to reconsider and final passage.
Senator Hashmi (Richmond City), sponsor of the bill, said the measure would protect access to contraceptives and related devices approved by the U.S. Food and Drug Administration and would shield providers and patients in Virginia from extradition or enforcement actions originating in jurisdictions with more restrictive rules. Hashmi told colleagues the bill’s language does not cover medications or devices that are used for abortive purposes.
Opponents argued the legislation creates new private enforcement mechanisms and rights of action that go beyond preserving the status quo for access. During the first recorded roll call the bill failed to pass, with the initial outcome recorded as 19 yeas and 19 nays and the chair voting no, producing a failed report. Senator Hashmi then successfully moved to reconsider the vote (reconsideration passed 39–0). On the renewed vote after explanation, SB 1105 passed final passage 21–18.
Supporters framed the bill as a preemptive safeguard should the U.S. Supreme Court revisit past precedents; opponents urged caution about litigation exposure created by the bill’s enforcement language. The sponsor emphasized the bill covers contraceptives approved as contraception and excludes abortive drugs.
SB 1105 was carried to enrollment after final passage.
