The U.S. Senate faced a deadlock on Tuesday as lawmakers from both political parties disagreed on the most effective approach to nationwide protections for in vitro fertilization. Despite their shared goal of providing these protections, the Senate remained divided on the matter.
Just a short time later, Senate Democrats, who currently hold a slim majority in the chamber, used a procedural maneuver to block a bill introduced by GOP Senators Ted Cruz of Texas and Katie Britt of Alabama. The bill aimed to prohibit Medicaid funding to states that ban in vitro fertilization (IVF).
The Democrats’ legislation failed to progress to a final vote with a vote of 51-44. Despite numerous floor speeches and press conferences, including those by the Harris-Walz presidential campaign, that aimed to raise awareness about the issue before the November elections, the measure fell short of the required 60 votes.
Illinois Democratic Sen. Tammy Duckworth, the sponsor of the bill and a mother to two children born through IVF, challenges her colleagues on the other side of the aisle to back up their words with action. She urges them to vote on the  bill, emphasizing that this is an opportunity for them to demonstrate their support for IVF.
In response to the vote, Vice President and Democratic presidential nominee Kamala Harris expressed her disappointment in a written statement, criticizing GOP senators for blocking the bill.
In a recent statement, Harris emphasized the importance of reproductive freedom for women across the nation. She expressed her concern over Republicans in Congress who have shown a lack of commitment to safeguarding access to fertility treatments. Harris believes that these treatments are essential for couples who aspire to have children and should be protected and made accessible to all.
Earlier this year,  Democrats’ bill was blocked by Republicans. However, due to Republican presidential nominee Donald Trump’s remarks in August, where he stated that health insurance companies would be required to cover in vitro fertilization (IVF), Senate leadership decided to schedule another vote. This marked a significant departure from the traditional stance of the GOP on this issue.
During an interview with NBC News, Trump stated that under his administration, the cost of treatment will be covered. He emphasized that insurance companies will be required to pay for these treatments.
Alabama ruling
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Earlier this year, Democrats started discussing the importance of maintaining access to IVF. This conversation gained momentum after the Alabama state Supreme Court stated in February that frozen embryos are considered children according to state law.
Democrats have been arguing that the availability of IVF treatment is in conflict with the conservative Republicans’ belief that life begins at conception. IVF procedures often involve freezing more embryos than are actually implanted.
The fate of frozen embryos ultimately depends on the patient’s desires, the policies of the clinic, and state laws. There are some conservatives who argue against discarding embryos, either advocating for legal restrictions or opposing the practice entirely.
The Southern Baptist Convention took a stance against IVF earlier this year, expressing their opposition in a resolution. They urged couples to consider adoption instead, arguing that the IVF process uses dehumanizing methods to determine suitability for life.
“We stand in solidarity with couples who have received the heartbreaking diagnosis of infertility or are currently facing challenges in conceiving. We acknowledge and support their deep longing for children, while also urging them to carefully contemplate the ethical considerations that accompany assisted reproductive technologies. In the midst of their pain, we encourage them to seek solace, guidance, and wisdom from God.”
Senate Democrats have been advocating for IVF protections in conjunction with their endeavors to strengthen other reproductive rights, including access to birth control and abortion.
The outcome of the presidential election this November, as well as which political party controls the House and Senate, could be significantly influenced by these issues.
IVF bill from Cruz, Britt
In an effort to expedite the process, Cruz and Britt introduced an IVF bill earlier this year, which Cruz urged for swift approval before the Senate’s vote on the Democrats’ bill.
Democratic Senator Patty Murray from Washington state has obstructed the unanimous consent request.
Britt challenged the Democrats during the debate on the bill, questioning their failure to schedule a recorded vote on her legislation. She expressed confidence that the legislation could secure the necessary 60 votes to move forward towards final passage.
“Today presents us with a unique chance to take swift and decisive action in order to safeguard uninterrupted nationwide access to IVF for American families who are filled with love,” Britt expressed. “Our legislation stands out as the sole bill that not only ensures access to IVF but also prioritizes the protection of religious freedom.”
The Britt-Cruz legislation has garnered support from three co-sponsors, including Wyoming Senator Cynthia Lummis, Kansas Senator Roger Marshall, and Mississippi Senator Roger Wicker.
Murray points out that the issue remains unresolved regarding whether states have the authority to require that embryos be treated on par with living individuals. Furthermore, the question arises as to whether parents should have the right to dispose of unused embryos, which is a routine and essential aspect of the IVF (in vitro fertilization) procedure.
In June, Cruz requested unanimous consent to pass the bill, but it was blocked at that time as well.
Legal protections
The proposed 64-page bill by Democrats aimed to offer legal protections to individuals seeking fertility treatment, including IVF, as well as the healthcare professionals specializing in providing such care.
State and federal governments would have been prevented from enacting harmful or unwarranted limitations or requirements on IVF access.
The proposed law aimed to enhance the coverage for fertility treatments among military personnel, veterans, and their spouses, partners, or gestational surrogates.
According to a recent statement by Sean Tipton, the Chief Advocacy and Policy Officer of the American Society for Reproductive Medicine, the Democrats’ IVF bill has received support from the organization. Tipton expressed that the legislation would safeguard the rights of Americans to access necessary medical services for starting families, while also ensuring that healthcare providers are not penalized for assisting patients in their journey to parenthood.
According to Tipton, this legislation aims to enhance the accessibility of IVF treatments for all Americans. It mandates that employer-sponsored insurance plans as well as other public insurance plans should cover fertility treatment. Tipton emphasizes the importance of ensuring that the federal government provides coverage for active-duty military, veterans, and civilian staff, thereby prioritizing the well-being of its own employees.
