Pennsylvania just got closer to protecting birth control access. Here’s why it’s still an uphill battle

Pennsylvania lawmakers Tuesday passed a bill that would protect access to contraception on the state level, fulfilling a campaign promise made by House Democrats.

The Democratic-controlled House of Representatives approved the measure, in a 133-69 vote, that would protect and expand access to birth control, including emergency contraceptives, FDA-approved prescription and over-the-counter drugs, and voluntary adult sterilization surgeries through insurance companies, Medicaid, and CHIP without out-of-pocket costs, like co-pays.

The bill, however, faces an uphill battle in the state Senate, which has a Republican majority. A spokesperson for the Senate Republican Caucus did not comment on the bill Tuesday and said it would be referred to the proper standing committee.

There are currently no state protections for contraceptives in Pennsylvania, said State Rep. Leanne Krueger (D., Delaware), who introduced the bill in May 2023.

Pennsylvania Democrats have put reproductive health protections at the center of campaigns since the U.S. Supreme Court overturned Roe v. Wade in 2022 and removed abortion as a constitutional right.

Though the court’s decision on abortion put state lawmakers on high alert about protecting other forms of reproductive care, two other landmark Supreme Court rulings protect access to contraception on a federal level. Still, when House Democrats obtained their majority in 2022, advocates expected legislation like Krueger’s bill to come sooner.

On Tuesday, 32 of 101 Republicans voted for the bill, while State Rep. Frank Burns (D., Cambria) was the lone Democrat to vote against it. Krueger hoped for a bipartisan outcome because the legislation passed with support from both Democrats and Republicans in the House Insurance and Rules Committees earlier this month.

The successful vote came after years of work in Harrisburg, Krueger said. The lawmaker had introduced the bill every legislative session since 2020, she said, but kept finding herself stymied by House politics.

Democrats obtained a one-seat House majority for the first time in 12 years in November 2022 and maintained that majority for several months until a series of vacancies put them at a temporary tie or as the minority party in the House. The party regained its narrow majority in September 2023.

“There’s only so much we can do with such a slim majority. At the same time, we know that health care can’t wait,” said Signe Espinoza, executive director of Planned Parenthood Pennsylvania Advocates.

Espinoza said that while the bill has a low likelihood of getting to Gov. Josh Shapiro’s desk, she hoped the legislation would remind constituents of “who is showing up for sexual reproductive health care.”

Krueger said she isn’t giving up her fight. “The legislative session doesn’t end until Nov. 30,” Krueger said. “So we will push hard until the session ends to try to get votes both in committee and on the floor in the Senate.”