[Congressional Record Volume 151, Number 74 (Tuesday, June 7, 2005)]
[Senate]
[Pages S6170-S6171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 162--EXPRESSING THE SENSE OF THE SENATE CONCERNING 
                        GRISWOLD V. CONNECTICUT

  Ms. SNOWE (for herself, Mr. Obama, Mr. Corzine, Mrs. Boxer, Mrs. 
Murray, Mrs. Clinton, Mr. Harkin, Mr. Durbin, Mrs. Feinstein, Mr. Reid, 
Mr. Feingold, and Mr. Jeffords) submitted the following resolution; 
which was referred to the Committee on the Judiciary:

                              S. Res. 162

       Whereas June 7, 2005, marks the 40th anniversary of the 
     United States Supreme Court decision in Griswold v. 
     Connecticut (1965) in which the Court recognized the 
     constitutional right of married couples to use 
     contraception--a right that the Court would extend to 
     unmarried individuals within less than a decade;
       Whereas the decision in Griswold v. Connecticut paved the 
     way for widespread use of birth control among American women;
       Whereas the Centers for Disease Control and Prevention 
     recognized family planning in its published list of the ``Ten 
     Great Public Health Achievements in the 20th Century'';
       Whereas the typical woman in the United States wants only 2 
     children and therefore spends roughly 30 years of her life 
     trying to prevent pregnancy;
       Whereas birth control is a critical component of basic 
     preventive health care for women and has been the driving 
     force in reducing national rates of unintended pregnancy and 
     the need for abortion;
       Whereas the ability of women to control their fertility and 
     avoid unintended pregnancy has led to dramatic declines in 
     maternal and infant mortality rates and has improved maternal 
     and infant health;
       Whereas in 1965, there were 31.6 maternal deaths per 
     100,000 live births and in 2000 there were 9.8 maternal 
     deaths per 100,000 live births;
       Whereas in 1965, 24.7 infants under 1 year of age died per 
     1,000 live births and in 2003 this figure had declined to 7 
     infant deaths per 1,000 live births;
       Whereas the ability of women to control their fertility has 
     enabled them to achieve personal educational and professional 
     goals critical to the economic success of the United States;
       Whereas in 1965, 7 percent of women completed 4 or more 
     years of college compared to 26 percent in 2004;
       Whereas in 1965, women age 16 and over constituted 39 
     percent of the workforce compared to 59 percent in 2004;
       Whereas publicly-funded family planning programs have 
     increased the ability of women, regardless of economic 
     status, to access birth control and experience the resulting 
     health and economic benefits;
       Whereas public investment in this most basic preventive 
     health care is extremely cost effective--for every dollar 
     spent on publicly funded family planning, $3 is saved in 
     pregnancy-related and newborn care cost to the Medicaid 
     program alone;
       Whereas Congress had repeatedly recognized the importance 
     of a women's ability to access contraceptives through support 
     for Medicaid, title X of the Public Health Service Act, and 
     the Federal Employee Health Benefits Program;
       Whereas 40 years after the Griswold decision, many women 
     still face challenges in accessing birth control and using it 
     effectively;
       Whereas the United States has one of the highest rates of 
     unintended pregnancy among Western nations and each year, 
     half of all pregnancies in the United States are unintended, 
     and nearly half of those end in abortion;
       Whereas teen pregnancy rates have dramatically declined, 
     still, 78 percent of teen pregnancies are unintended and more 
     than one-third of teen girls will become pregnant before age 
     20; and
       Whereas publicly funded family planning clinics are the 
     only source of healthcare for many uninsured and low-income 
     women:
       Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) forty years ago the United States Supreme Court in 
     Griswold v. Connecticut held that married people have a 
     constitutional right to use contraceptives, a right that the 
     Court would extend to unmarried individuals within less than 
     a decade;
       (2) the ability of women to control their fertility through 
     birth control has vastly improved maternal and infant health, 
     has reduced national rates of unintended pregnancy, and has 
     allowed women the ability to achieve personal educational and 
     professional goals critical to the economic success of the 
     United States; and
       (3) Congress should take further steps to ensure that all 
     women have universal access to affordable contraception.

  Ms. SNOWE. Mr. President, today we mark forty years since a momentous 
Supreme Court decision. It is difficult for many young Americans to 
imagine that in the not too distant past, the provision of 
contraceptives was illegal.

[[Page S6171]]

In the 1965 landmark decision of Griswold v. Connecticut, the Supreme 
Court recognized the right of married couples to obtain contraception 
and reproductive counseling. This was a watershed moment in public 
health--indeed such that the CDC has recognized that our subsequent 
progress in family planning constitutes one of the ten greatest public 
health achievements of the last century.
  Women have faced great obstacles in family planning. While the 
average woman desires two children, with more than thirty years of 
fertility a woman's health and the welfare of her family is compromised 
without modern contraception.
  We know that family planning has been practiced throughout history, 
but the methods used were certainly not always safe and effective. 
Today we take for granted both the access to modern contraceptives and 
the individual's right to make reproductive decisions. Among our 
noblest intentions is that every child is wanted, and that parents will 
have the resources to ensure their child's health and success. 
Following the Griswold decision, we have come far closer to that goal.
  We certainly can see the results. The maternal death rate in the U.S. 
is only one third what is was back in 1965. The same is true for infant 
survival. The health outcomes are indisputable.
  The lives of women have also been improved in so many ways. Four 
times more women are now college educated. This is so vital in an age 
where a more competitive world demands so much more of American 
families. It is essential that women can better themselves and ensure 
the security of their families.
  As we commemorate the recognition by the Supreme Court that 
individuals have a right to that most basic part of life--the planning 
of their families--we recognize that there is still a great deal of 
progress to be made. Legal access does not equate to affordability. 
Certainly we must adequately fund Medicaid, title X, and other programs 
which provide family planning services. Such access reduces unwanted 
pregnancies, promotes the economic stability of families, and improves 
the health of both mother and child, yet we need to do more.
  We simply must assure that access to contraceptives is equitable--
that a lack of coverage by health plans does not place one of our most 
effective public health measures out of reach for millions of women. To 
achieve this aim, I will again introduce the Equity in Prescription 
Insurance and Contraceptive Act with Senator Reid later this week. I 
invite my colleagues to join us in supporting this legislation to 
realize the full promise of Griswold v. Connecticut--healthier mothers, 
healthier children, and healthy, stable families.
  Mr. OBAMA. Mr. President, today marks the 40th anniversary of the 
U.S. Supreme Court decision in Griswold v. Connecticut, which struck 
down Connecticut laws that prohibited reproductive counseling and the 
use of contraception. In recognizing a constitutional right to privacy, 
this landmark decision secured the right of married women to use 
contraception and laid the groundwork for widespread access to birth 
control for all American women.
  The availability and use of contraceptives has had a profound impact 
on the health and lives of women across the Nation. Widespread use of 
birth control has led to dramatic reductions in national rates of 
sexually transmitted infections, unintended pregnancies, and abortion. 
Contraceptive use has also significantly improved maternal and infant 
health outcomes, and reduced maternal and infant mortality rates. Since 
1965 maternal and infant mortality rates have declined by more than 
two-thirds.
  The impact of contraception on the professional lives of women has 
been equally profound. The ability of women to control fertility has 
allowed them to successfully achieve educational and career goals that 
would've been impossible a century ago. Women are critical to this 
nation's economic success, comprising up to one half of the total U.S. 
labor force.
  In 1999, the Centers for Disease Control and Prevention recognized 
the significant impact of birth control on American society and 
included family planning in their list of the ``Ten Great Public Health 
Achievements in the 20th Century.'' However, despite considerable 
progress in this area, much work remains. The United States has one of 
the highest rates of unintended pregnancies and sexually transmitted 
infections among industrialized nations, which in part reflects lack of 
access to basic preventive health care, including contraception.
  A growing number of women--almost 17 million currently--must rely on 
publicly supported contraceptive care. Between 2000 and 2002, this 
number increased by 400,000 alone, because of the rising number of 
uninsured women. Yet, even those women with health insurance are not 
guaranteed access to contraceptives because some health plans choose 
not to cover these medications and procedures as they would other basic 
preventive health measures. And we are increasingly hearing about 
pharmacists and other providers who refuse to prescribe or fill 
contraceptive prescriptions, or refer women to those who will, because 
of their own personal beliefs.
  This 40th anniversary of the Griswold decision provides a perfect 
opportunity to reflect upon the critical importance and impact of this 
decision on the health and professional lives of millions of women. We 
must ensure that policy decisions about contraception services remain 
health decisions and not political ones, and work to ensure that all 
women have access to contraception when they need it.

                          ____________________