Column: Hawaii law needed to protect access to contraceptives

When Roe v. Wade was overturned, abortions became mostly illegal in many states. U.S. Supreme Court Justice Clarence Thomas stated that, in his opinion, other so-called “unenumerated rights” should be also reconsidered, specifically citing Griswold v. Connecticut. (That 1965 ruling invalidated a state law, as applied to married couples, that made it a crime to use birth control devices or to advise anyone about their use.) Since then I have been greatly concerned about the right for all people to have access to comprehensive contraceptive care.

Access to safe and effective contraceptives is an important tool for family planning, and a critical aspect of a woman’s health care. Just as Congress passed the “Respect for Marriage Act” to protect marriage equality, there needs to be similar protection for access to contraceptives. There are several parts that need to be included in such protection.

Contraceptives should be available to all people regardless of age or sex. All nonprescriptive contraceptives should be available on the open shelf in pharmacies, grocery stores and any other stores that carry them. Currently, they are usually found in an aisle under Family Planning.

Only since the 1970s were nonprescriptive contraceptives, including condoms, allowed on the open shelf — this was after laws were passed making it legal. Prior to that they were kept by the pharmacist behind the counter and people had to ask for them, clearly a hindrance to access. Condoms have been around for centuries. During WWII, condom vending machines were often found in filling stations, ostensibly for the prevention of venereal disease.

Prescriptive contraceptives should be available to all people who need them regardless of age or sex. These should be available with a prescription in the doctor’s office, in family planning clinics, at local pharmacies, or from pharmacies by mail-order.

The decision on the type of contraceptive should be between the woman and her health care provider. In the not-too-distant past, only a married woman with the written permission of her husband could receive contraceptives. This was often state law, but could become federal law in this political climate.

Permanent methods of contraception, such as tubectomy and vasectomy, should be a decision between the person and the physician without intervention from any government agency.

Research and development of new contraceptives continues. Legislation protecting access to contraceptives should also protect access to future types of contraceptives, once approved for use by the FDA.

I have been involved in providing contraceptives since starting a family planning clinic in San Jose, Occidental Mindoro, Philippines in 1964. Contraceptives were illegal when we started the clinic, but became legal during the years I worked there. In 1969 I was the first Family Planning Clinic coordinator for the Oregon Health Division, when Title X began funding family planning. In 1980 I became education director at Portland Planned Parenthood. In 1985, I was the first AIDS education manager for the Oregon Health Division. So, I have spent years watching contraceptives change and become more easily available. Now is not the time to limit availability of any contraceptives. Please help to pass a Hawaii law to protect access to contraceptives.

Kailua resident Claudia L. Webster is a retired Oregon Health Division family planning coordinator and educator.