Senate Republicans have defeated a bill that would have established a federal right to in vitro fertilization, a piece of legislation that Democrats forced to the floor on Thursday as part of an election-year effort to contrast their approach to reproductive rights with that of the party across the aisle.
The bill, the Right to IVF act, would have overwritten any state efforts to restrict the right to IVF as well as seeking to make the treatment more affordable and accessible, including for US military service members and veterans.
The legislation was introduced by Senators Patty Murray of Washington state, Cory Booker of New Jersey and Tammy Duckworth of Illinois, and the bill was not expected to pass, given that most legislation needs at least 60 votes to advance in the Senate.
Instead, Democrats hoped to get Republicans on the record opposing an infertility treatment that is widely popular among Americans. They deployed a similar strategy last week, when Democrats held a vote on a bill that would have guaranteed a nationwide right to contraception – which, like IVF, is very popular. That bill, the Right to Contraception act, also failed.
“Last week, every senator was put on the record as to whether they will defend the right to contraception. And despite Republicans’ words about supporting birth control, their actions – voting against the Right to Contraception act – spoke louder,” Murray said in a speech from the Senate floor on Thursday. “Today, we are putting Republicans on the record on another issue families across the country are deeply concerned about: the right to IVF.”
The Louisiana senator Bill Cassidy, a Republican, denounced the bill, which he said was motivated by “political purposes”.
“This is not serious legislation,” Cassidy said. “It was not brought through the committee process. It is a political process.”
Because IVF typically involves creating embryos that may not be implanted in a woman’s uterus or may go unused after genetic testing, some anti-abortion campaigners have long opposed IVF. However, the US abortion wars have rarely focused on IVF.
Then, in February, the Alabama state supreme court ruled that frozen embryos created through IVF are legally “extrauterine children” – a decision that endorsed the tenets of so-called fetal personhood, promoted by a US movement that seeks to endow embryos and fetuses with full legal rights and protections. The ruling led many IVF providers in Alabama to temporarily pause their operations, which created chaos and triggered backlash across the country.
Still, anti-abortion activists have continued to gain ground in their battle on IVF. On Wednesday, the Southern Baptist Convention, the largest Protestant group in the US, voted at its annual meeting to condemn IVF. With its nearly 13 million members and enormous political influence, the Southern Baptist Convention’s rejection of IVF signaled a turning point in the debate over IVF. Although evangelical Protestants have largely supported IVF, the vote suggests that the anti-abortion movement is successfully making the case that opposition to abortion necessitates opposition to IVF.
“This is not the end of our fight for family building for all. We will continue until everyone in this country has access to the family building options they need and the availability of IVF is guaranteed in all 50 states,” Barbara Collura, president and CEO of Resolve: The National Infertility Association, said in a statement Thursday, after the failed Senate vote. “Introducing this bill was already a big win for advocates of increasing access to fertility treatments. Our work led to this comprehensive legislation, and we are not giving up.”
