Model Bill: Right to Reproductive Freedom

[STATE] recognizes the fundamental right to reproductive freedom. This right includes the ability to make and effectuate one’s own decisions about all matters related to one’s reproductive healthcare, including the right to use or refuse contraception, to continue a pregnancy and give birth or to terminate a pregnancy. The right to reproductive freedom exists regardless of gender or gender identity, race, age, ethnicity, income level, or place of residence.

A public entity may not deny, interfere with, or restrict the right of any person to obtain an abortion.This includes penalizing any person for providing, assisting, supporting, or facilitating another person’s abortion or miscarriage or penalizing an individual for seeking, inducing, or attempting to induce, the individual’s own abortion or alleged abortion

“Reproductive healthcare” means health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. Reproductive health care includes, but is not limited to, contraception; sterilization; preconception care; maternity care; abortion care; family planning and fertility services; and testing and treatments for sexually transmitted infections and reproductive cancers.

“Public entity” means

(A) the Legislative, Executive, or Judicial Branch of State Government, or any agency, department, office, or other subdivision of State government, or any elective or appointive officer or employee within any of those branches; or

(B) any municipality, or any agency, department, office, or other subdivision of municipal government, or any elective or appointive officer or employee within municipal government.

(A) An individual injured as a result of a violation of this chapter shall have a private right of action in [RELEVANT STATE COURT] against a public entity for injunctive relief arising from the violation.

(B) In addition to any injunctive relief awarded, the court may award costs and reasonable attorney’s fees to an injured person who substantially prevails in an action brought under this section.

This law shall become effective on MONTH DAY YEAR.