SB365,3,117 1. Expressly, effectively, implicitly, or as implemented singles out the provision
8of contraceptives, contraception, or contraception-related information; health care
9providers who provide contraceptives, contraception, or contraception-related
10information; or facilities in which contraceptives, contraception, or
11contraception-related information is provided.
SB365,3,1312 2. Impedes access to contraceptives, contraception, or contraception-related
13information.
SB365,3,1614 (c) To defend against a claim that a limitation or requirement violates a health
15care provider's or patient's statutory rights under par. (b), a party must establish, by
16clear and convincing evidence, all of the following:
SB365,3,1817 1. The limitation or requirement significantly advances the safety of
18contraceptives, contraception, and contraception-related information.
SB365,3,2119 2. The safety of contraceptives, contraception, and contraception-related
20information or the health of patients cannot be advanced by a less restrictive
21alternative measure or action.
SB365,3,24 22(4) Applicability. (a) Neither the state nor any political subdivision of the state
23may administer, implement, or enforce any law, rule, regulation, standard, or other
24provision having the force and effect of law in a manner that does any of the following:
SB365,4,3
11. Prohibits or restricts the sale, provision, or use of any contraceptives that
2have been approved by the federal food and drug administration for contraceptive
3purposes.
SB365,4,64 2. Prohibits or restricts any person from aiding another person in obtaining any
5contraceptives approved by the federal food and drug administration or
6contraceptive methods.
SB365,4,107 3. Exempts any contraceptives approved by the federal food and drug
8administration from any other generally applicable law in a way that would make
9it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive
10methods.
SB365,4,1411 (b) This section does not supersede or otherwise affect any provision relating
12to coverage under group health plans or group or individual health insurance
13coverage and may not be construed as requiring the provision of specific benefits
14under these plans or coverage.
SB365,4,1715 (c) An individual or entity who is subject to a limitation or requirement that
16violates this section may raise this section as a defense to any cause of action against
17the individual or entity.
SB365,4,19 18(5) Construction. (a) This section shall be liberally construed to effectuate
19its purposes.
SB365,4,2020 (b) Nothing in this section may be construed to do any of the following:
SB365,4,2321 1. Authorize any government to interfere with a health care provider's ability
22to provide contraceptives or contraception-related information or a person's ability
23to obtain contraceptives or to engage in contraception.
SB365,4,2524 2. Permit or sanction the conduct of any sterilization procedure without the
25patient's voluntary and informed consent.
SB365,5,6
1(6) Enforcement. (a) The attorney general may commence a civil action on
2behalf of the state against any person that violates or enforces a limitation or
3requirement that violates this section. Notwithstanding s. 165.08 (1), in any civil
4action brought under this paragraph, the attorney general may compromise and
5settle the action as the attorney general determines to be in the best interest of the
6state.
SB365,5,107 (b) Any individual or entity, including any health care provider or patient,
8adversely affected by an alleged violation of this section may commence a civil action
9against any person that violates or implements or enforces a limitation or
10requirement that violates this section.
SB365,5,1311 (c) A health care provider may commence an action for relief on its own behalf,
12on behalf of the provider's staff, and on behalf of the provider's patients who are or
13may be adversely affected by an alleged violation of this section.
SB365,5,1714 (d) If a court finds that there has been a violation of this section, the court shall
15hold unlawful and set aside the limitation or requirement. In any action under this
16section, the court may award appropriate equitable relief, including temporary,
17preliminary, or permanent injunctive relief.
SB365,5,2218 (e) Notwithstanding the limitation under s. 814.04, in any action under this
19section, the court shall award to any prevailing plaintiff costs and reasonable
20attorney fees. Unless a court determines an action is frivolous, the court may not
21hold a plaintiff liable to a defendant for costs and attorney fees in an action under
22this section.
SB365,2 23Section 2. Nonstatutory provisions.
SB365,5,2424 (1) Legislative findings. The legislature finds all of the following:
SB365,6,3
1(a) The right to contraception is a fundamental right, central to a person's
2privacy, health, well-being, dignity, liberty, equality, and ability to participate in the
3social and economic life of the state.
SB365,6,54 (b) The U.S. Supreme Court has repeatedly recognized the constitutional right
5to contraception.
SB365,6,76 (c) In Griswold v. Connecticut, 381 U.S. 479 (1965), the U.S. Supreme Court
7first recognized the constitutional right for married people to use contraceptives.
SB365,6,108 (d) In Eisenstadt v. Baird, 405 U.S. 438 (1972), the U.S. Supreme Court
9confirmed the constitutional right of all people to legally access contraceptives
10regardless of marital status.
SB365,6,1211 (e) In Carey v. Population Services International, 431 U.S. 678 (1977), the U.S.
12Supreme Court affirmed the constitutional right to contraceptives for minors.
SB365,6,2313 (f) The right to contraceptives is protected by the Wisconsin Constitution. See
14article I, section 1, of the Wisconsin Constitution; Haase v. Sawicki, 20 Wis. 2d 308,
15310 n.2 (1963) (finding that article I, section 1, of the Wisconsin Constitution is
16substantially the equivalent of the Due Process Clause and the Equal Protection
17Clause of the Fourteenth Amendment); Griswold v. Connecticut, 381 U.S. 479,
18484-86 (1965) (finding that a prohibition on the use of contraceptives violates the
19right to privacy created by several fundamental constitutional guarantees under the
20U.S. Constitution); and Lawrence v. Texas, 539 U.S. 558, 573-74 (2003) (finding that
21the Due Process Clause of the Fourteenth Amendment protects personal decisions
22relating to marriage, procreation, contraception, family relationships, child rearing,
23and education).
SB365,7,224 (g) The right to contraception has been repeatedly recognized internationally
25as a human right. The United Nations Population Fund has published several

1reports outlining family planning as a basic human right that advances women's
2health, economic empowerment, and equality.
SB365,7,53 (h) Access to contraceptives is internationally recognized by the World Health
4Organization as advancing other human rights such as the right to life, liberty,
5expression, health, work, and education.
SB365,7,96 (i) Contraception is safe, essential health care, and access to contraceptive
7products and services is central to people's ability to participate equally in economic
8and social life. Contraception allows people to make decisions about their families
9and their lives.
SB365,7,1310 (j) Contraception is key to sexual and reproductive health. Contraception is
11critical to preventing unintended pregnancy, and many contraceptives are highly
12effective in preventing and treating a wide array of often severe medical conditions
13and decrease the risk of certain cancers.
SB365,7,1514 (k) Family planning improves health outcomes for women, their families, and
15their communities and reduces rates of maternal and infant mortality and morbidity.
SB365,7,1916 (L) The United States has a long history of reproductive coercion, including the
17childbearing forced upon enslaved women, as well as the forced sterilization of Black
18women, Puerto Rican women, indigenous women, immigrant women, and disabled
19women, and reproductive coercion continues to occur.
SB365,8,320 (m) The right to make personal decisions about contraceptive use is important
21for all people, and is especially critical for historically marginalized groups,
22including Black, indigenous, and other people of color; immigrants; lesbian, gay,
23bisexual, transgender, and queer people; people with disabilities; people with low
24incomes; and people living in rural and underserved areas. Many people who are
25part of these marginalized groups already face barriers, exacerbated by social,

1political, economic, and environmental inequities, to comprehensive health care,
2including reproductive health care, that reduce their ability to make decisions about
3their health, families, and lives.
SB365,8,64 (n) Policies governing pharmaceutical and insurance policies affect the
5accessibility of contraceptives and the settings in which contraception services are
6delivered.
SB365,8,97 (o) Despite the clearly established constitutional right to contraception, access
8to contraceptives, including emergency contraceptives and long-acting reversible
9contraceptives, has been obstructed in various ways.
SB365,8,1110 (p) As of June 2023, at least 4 states tried to ban access to some or all
11contraceptives by restricting access to public funding for these products and services.
SB365,8,1412 (q) Providers' refusals to offer contraceptives and contraception-related
13information on the basis of their own personal beliefs impede patients from obtaining
14their preferred method.
SB365,8,1715 (r) States have attempted to define abortion expansively so as to include
16contraceptives in state bans on abortion and have also restricted access to emergency
17contraception.
SB365,8,2218 (s) In June 2022, Justice Thomas, in his concurring opinion in Dobbs v. Jackson
19Women's Health Organization, 142 S. Ct. 2228 (2022), stated that the U.S. Supreme
20Court “should reconsider all of this Court's substantive due process precedents,
21including Griswold, Lawrence, and Obergefell” and that the court has “a duty to
22correct the error established in those precedents” by overruling them.
SB365,9,223 (t) In order to further public health and to combat efforts to restrict access to
24reproductive health care, action is necessary to protect access to contraceptives,
25contraception, and contraception-related information for everyone, regardless of

1actual or perceived race, ethnicity, sex, including gender identity and sexual
2orientation, income, disability, national origin, immigration status, or geography.
SB365,9,33 (End)
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