West Virginia’s Senators are weighing in on a national conversation surrounding contraception access after a test vote for the “Right to Contraception Act” fell short of the 60 votes that would be needed for the bill to pass the Senate.

The bill, S.4381, would legally protect access to contraception, which it defines as “an action taken to prevent pregnancy, including the use of contraceptives or fertility-awareness-based methods and sterilization procedures.”

Fertility-awareness-based methods involve using bodily signs to determine fertility such as tracking the menstrual cycle, cervical secretions and basal body temperature, meaning they often involve calendar calculations or thermometer readings.

The act says it will enshrine a right “to voluntarily engage in contraception, free from coercion, and a health care provider has a corresponding right to provide contraceptives, contraception, and information, referrals, and services related to contraception.”

It bars federal or state governments from:

Prohibiting or restricting the sale, provision, or use of any contraceptives

Prohibiting or restricting any individual from aiding another individual in voluntarily obtaining or using any contraceptives or contraceptive methods

Exempting any contraceptives or contraceptive methods from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use such contraceptives or contraceptive methods

The bill won a 51-39 majority when the Senate conducted a test vote on Wednesday, nine votes short of the supermajority needed to pass.

U.S. Sen. Joe Manchin (I-WV), who voted for the Act, released the following statement Wednesday evening:

It’s simple: contraception is an essential healthcare tool that allows Americans to achieve their educational and employment goals, plan their futures, and succeed in our communities. When I was Governor of West Virginia, we achieved a commonsense balance between women’s access to medical care and individual liberties. I am proud to support commonsense, bipartisan solutions to ensure women in any corner of the country have access to safe, affordable and reliable preventative health benefits.

U.S. Sen. Shelley Moore Capito (R-WV) voted against the Act, and joined fellow female Republican Senator Joni Ernst of Iowa in introducing the “Allowing Greater Access to Safe and Effective Contraception Act”.

Despite the falsities that Democrats have spread regarding access to birth control, the reality is contraception is legal across the entire United States. While Democrats continue to hold show votes on extreme legislation, I am proud to join Senator Ernst in this effort that provides a commonsense path forward for easier access to safe birth control, including those in rural areas. Increasing over-the-counter contraception options and gaining a better understanding of where federal funding for contraception is currently going will enable us to better target the gaps that may be impacting access and where resources may be duplicated or misallocated.

U.S. SEN. SHELLEY MOORE CAPITO (R-WV)

Capito’s office said in a press release that the “Allowing Greater Access to Safe and Effective Contraception Act” would:

Increase availability of birth control options on the market

Expand access to over-the-counter contraception options

Increase transparency around how tax dollars are spent to support women and families

Ensure tax dollars are not being used to fund abortions or abortion providers

Since the “Right to Contraception Act” failed to receive 60 votes in the Senate, it’s expected to stall. Sen. Maj. Leader Chuck Schumer (D-N.Y.) told The Associated Press that “legislation designed to protect IVF access” will come up in the Senate next week.