Senate Democrats voted Tuesday in favor of S 4445, filed by U.S. Sen. Tammy Duckworth, D-IL, which refers to “reproductive technology treatments or procedures …’
The bill repeatedly refers to “reproductive technology treatments or procedures” and authorizes the Attorney General to file a civil action against states, local municipalities or entities that enforce limitations or requirements on them. It also refers to “assisted reproductive technology, including … evidenced-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment.” Patients are to receive “assisted reproductive technology services without limitations or requirements” and individuals have a right “to the use or disposition of reproductive genetic materials, including gametes,” it states.
Duckworth filed the bill after the Alabama Supreme Court ruled that frozen embryos created through IVF are children under state law. She opposed the ruling, saying it was “based in extreme ideology” that paralleled the U.S. Supreme Court overturning Roe v Wade. She claimed Republicans were attacking technology and reproductive freedoms.
Her bill failed. Needing 60 votes to pass, only 51 senators voted for it. Two pro-abortion Republicans, Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, voted with Democrats, as did three independents; five senators didn’t vote.
Among the many news outlets that claimed that Senate Republicans oppose IVF, NPR reported, “Senate Republicans blocked Democrats bill ensuring access to IVF.” ABC News reported, “Senate Democrats again dare Republicans to vote against IVF bill.” The New York Times reported, “Senate Republicans block IVF bill again, breaking with Trump.” Bloomberg News reported, “Republicans block IVF bill as Democrats sound alarm.”
U.S. Sen. John Cornyn, R-Texas, called out a local Texas website for reporting that he and Cruz voted against IVF protections, saying “Democrats got the headlines they wanted but ended up killing all federal IVF protections with a show vote. So cynical.”
Senate Republican Whip John Thune, R-SD, also said, “Make no mistake: Senate Republicans support IVF.”
The media outlets failed to mention that Senate Democrats repeatedly blocked a Republican bill that advanced IVF protections.
On May 20, Sen. Katie Britt, R-Alabama, and Ted Cruz, R-Texas, filed S 4368 to provide extensive protections for couples choosing to use IVF. It was referred twice to the Senate Committee on Finance and never made it to a vote because Senate Democrats killed it.
In recent months, Senate Democrats twice blocked their bill from having a vote. In June, they asked for unanimous consent to pass it, Britt said, but Senate Democrats blocked it.
The bill would prohibit states from restricting access to IVF services, authorize states to implement health and safety standards for IVF services, and ban states from receiving Medicaid funding if they ban access to IVF. The bill also doesn’t compel any individual or organization to provide IVF services.
It would have safeguarded IVF access but “Democrats chose politics over families,” Britt said. “Our bill is the only bill that protects IVF.” Instead, what happened was a “show vote.”
Cruz also lamented in a floor statement about what happened.
“Unfortunately, my colleagues on the other side of the aisle are staging an empty show vote on what they call an IVF bill in order to stoke baseless fears about IVF and push their broader political agenda.
“Let’s be clear. There is not a single senator in this chamber on either side of the aisle who wants to ban IVF. All 100 senators, to the best of my knowledge, support IVF. Not a single one has called for banning it.”
He and other Republicans voted against Duckworth’s bill “because it’s not an IVF bill.”
The bill created a “back door” to federalize broad abortion legislation, he said, “which I understand is the Democrats’ partisan position. But it is contrary to the views of a great many Americans.”
Duckworth’s bill “also deliberately overturns the conscious protections of the Religious Freedom Restoration Act,” he continued. “It is unfortunate that Democrats have abandoned what used to be a bipartisan commitment to religious liberty.”
Senate Democrats “are now more than willing to overturn religious liberty protections instead of pushing a partisan and frankly cynical agenda.”
Sen. Cindy Hyde-Smith, R-MS, blasted the bill, arguing it potentially legalizes genetic engineering of human embryos, commercial surrogacy and practices unrelated to IVF. What happened was another “time-wasting show vote” designed to “prop up vulnerable Democrats ahead of an election,” she said. As the Pro-Life Caucus chair, she said she “will always fight for the lives of children” but this bill doesn’t do that.
Britt said, “Americans deserve better. We’ll keep fighting for solutions, not scare tactics.”
