In 1965 the Supreme Court upheld the right of married couples to seek contraception in the landmark case Griswold v. Connecticut. Seven years later this right was extended to unmarried couples. Then in 1973 the right to safe, legal abortion was affirmed in Roe v. Wade. In both cases, the Court based its decision on the right to privacy in intimate, family, personal decisions.

Contraceptive technology research has moved very slowly since the release of oral contraceptives in 1960. Funding for this research is often limited and many pharmaceutical research entities have shied away from such work because of the legal roadblocks they know they will encounter by those who oppose even the most basic methods of family planning. Health plans routinely fail to include coverage for contraception although it is part of basic health care for women. Largely as a result, women of reproductive age pay 68% more in out-of-pocket costs for health care services than do men of the same age.