These 38 GOP senators just voted against protecting contraception. Here's why.
Only two GOP senators voted to block a Democratic bill to protect access to contraception.
Republicans say they're not actually against contraception but have other issues with the bill.
The vote was widely seen as a "show vote" that had little chance of becoming law.
The Senate failed Wednesday to advance a bill designed to protect access to contraceptives nationwide.
Just two Republican senators — Susan Collins of Maine and Lisa Murkowski of Alaska — voted with Democrats to advance the bill. Nine Republicans did not show up to vote.
The vote was teed up by Senate Majority Leader Chuck Schumer as part of an effort to highlight the ideological differences between the Democratic and Republican parties on reproductive rights ahead of an election where abortion is expected to play a major role.
Republicans derided the effort as a "show vote," arguing that no one is seriously interested in banning contraceptives such as condoms, plan B, or IUDs.
"Do people really think that even a significant minority of the Republican conference is against access to contraception?" Sen. Thom Tillis, a Republican from North Carolina, said. "I don't even want to get into what I don't like about the bill."
It's true that the effort is largely for show; Schumer and Democrats knew that the GOP-controlled House would not take up the legislation. To that point, the bill's "findings" section argues that access to contraception is "especially critical for historically marginalized groups" including "Black, indigenous, and other people of color," "immigrants," and "LGBTQ+ people."
While that argument has merit, it's not the sort of language lawmakers would include in legislation meant to attract the support of conservative Republicans.
"It's a bill that has a lot of other garbage in it, and this is a messaging exercise," Tillis said.
But still — if Republicans aren't against contraception, why won't they just vote for the bill?
If you ask them, it mainly comes down to religious freedom.
'The No. 1 issue with it'
The Democratic bill is designed to protect the right to access contraception, which was first established for married couples by the Supreme Court in its 1965 Griswold v. Connecticut ruling.
Some experts have recently worried that right could be at risk in the wake of Roe v. Wade being overturned in 2022. In his concurring opinion in that case, Justice Clarence Thomas argued that Griswold should be revisited.
But the bill includes a line stating that it "applies notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993."
That law essentially protects individuals' right to religious freedoms. Republicans argue waiving that law amounts to a "poison pill" in the bill that would force religious institutions to provide contraceptives.
"They've said basically, 'Contraception is gonna be allowed everywhere, regardless of your faith, your background, your institution,'" Sen. James Lankford, a Republican from Oklahoma, said. "That's the No. 1 issue with it."
Like other Republicans, Lankford is also opposed to certain forms of medical care for transgender youth. The bill includes "sterilization" under its definition of contraception, which he argued would interfere with state-level bans on gender-affirming care for people under 18.
"This would remove that right from all those states to say they're protecting minors," Lankford said.
Twenty-two GOP senators, led by Sen. Rick Scott of Florida, signed a statement Tuesday that said there's "no threat to access to contraception" and that the bill "infringes on the parental rights and religious liberties of some Americans."
Democrats have also attempted to pass similar legislation at the state level, but have been blocked by Republicans. Last month, Gov. Glenn Youngkin vetoed a Virginia bill to protect access to contraception, arguing that it violated principles of religious freedom.
The Republicans who voted to block the bill
Here are the 38 GOP senators who voted to block the Right to Contraception Act:
John Barrasso of Wyoming
Marsha Blackburn of Tennessee
John Boozman of Arkansas
Ted Budd of North Carolina
Shelley Moore Capito of West Virginia
Bill Cassidy of Louisiana
John Cornyn of Texas
Tom Cotton of Arkansas
Kevin Cramer of North Dakota
Mike Crapo of Idaho
Ted Cruz of Texas
Steve Daines of Montana
Joni Ernst of Iowa
Deb Fischer of Nebraska
Chuck Grassley of Iowa
Josh Hawley of Missouri
John Hoeven of North Dakota
Cindy Hyde-Smith of Mississippi
Ron Johnson of Wisconsin
James Lankford of Oklahoma
Mike Lee of Utah
Cynthia Lummis of Wyoming
Roger Marshall of Kansas
Mitch McConnell of Kentucky
Markwayne Mullin of Oklahoma
Rand Paul of Kentucky
Pete Ricketts of Nebraska
Jim Risch of Idaho
Mike Rounds of South Dakota
Marco Rubio of Florida
Eric Schmitt of Missouri
Rick Scott of Florida
Tim Scott of South Carolina
John Thune of South Dakota
Thoms Tillis of North Carolina
Tommy Tuberville of Alabama
Roger Wicker of Mississippi
Todd Young of Indiana
The following nine GOP senators did not vote:
Mike Braun of Indiana
Katie Britt of Alabama
Lindsey Graham of South Carolina
Bill Hagerty of Tennessee
John Kennedy of Louisiana
Jerry Moran of Kansas
Mitt Romney of Utah
Dan Sullivan of Alaska
JD Vance of Ohio
Correction: June 5, 2024 — An earlier version of this story misstated which stated Ted Budd represents. He represents North Carolina, not Indiana.
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