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Massachusetts Law About Contraception

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Massachusetts Laws

Selected Case Law

Burwell v. Hobby Lobby Stores, Inc., 573 US __ (2014) Under the Religious Freedom Restoration Act of 1993, closely-held corporations are not required to follow the Affordable Care Act's mandate that insurance cover contraceptives, if to do so would violate their sincere religious beliefs.New!

Griswold v. Connecticut, 381 US 479 (1965). Legalized distibution of contraception to married people.

Eisenstadt v. Baird, 405 US 438 (1972) .Expanded Griswold to include unmarried people.

Tummino v. Torti, 603 F.Supp. 2d 519 (2009). Criticizes the FDA's approval of Plan B to be sold over-the-counter to only those 18 and over, and remands the case to the FDA "for reconsideration of whether to approve Plan B for over-the-counter status without age or point-of-sale restrictions. While the FDA is free, on remand, to exercise its expertise and discretion..., no useful purpose would be served by continuing to deprive 17 year olds access to Plan B without a prescription."

Other Web Sources

Family Planning Program, Mass. Dept. of Public Health. "The Family Planning Program promotes and provides comprehensive family planning services, which include clinic-based services and may include community education and outreach. These services are targeted to low-income women, men, and adolescents. Family planning services aid individuals and families in making choices regarding the spacing and number of their children. Family planning is an integral component of the Department of Public Health's efforts to prevent unintended pregnancies and STDs including HIV/AIDS, reduce infant mortality and morbidity, and improve the health of women and men of all ages."

Food and Drug Administration (FDA) Plan B Information. On June 6, 2013, the FDA approved sale of Plan B contraception over-the-counter to all women of child-bearing potential.

Massachusetts Contraception Coverage Laws Fact Sheet, Mass. Governor. "This fact sheet details Massachusetts state laws regarding access to contraception for individuals and exemptions for religious institutions."

Pharmacy Refusals: State Laws, Regulations and Policies, National Women's Law Center. Summarizes state laws that permit pharmacists to refuse to fill legal prescriptions (or that require them to do so) as of June 2010.