WASHINGTON — Republican U.S. Sen. Cindy Hyde-Smith of Mississippi blocked legislation Wednesday that would preserve access to in vitro fertilization nationwide, delaying Democrats’ action on a landmark Alabama Supreme Court decision.
Court ruled earlier this month that frozen embryos are treated as children under state law and parents can seek compensation for their destruction, which has led to the suspension of in vitro fertilization programs in the state.
Illinois Democratic Sen. Tammy Duckworth asked for unanimous consent to advance her in vitro fertilization bill, a process that allows any senator to prevent it from advancing to the House of Representatives.
Duckworth said she will push for a roll call vote on the bill at a later date to record every senator’s attendance.
“My daughters are everything to me,” Duckworth said, referring to her two daughters. “They likely would never have been born if I hadn’t had access to the basic reproductive rights that Americans have depended on for nearly half a century, until recently.”
Duckworth said she struggled with infertility after serving in Iraq.
Hyde-Smith argued that the bill was “overreaching” and included provisions she disagreed with.
“I support full access for mothers and fathers to IVF and bring new life into the world. I also believe that human life should be protected,” Hyde-Smith said.
She also argued that the Alabama case did not ban in vitro fertilization. However, clinics in the state stopped the treatment after the ruling.
University of Alabama Birmingham suspends in vitro fertilization treatment after court ruling
Duckworth defended her bill, saying it protects people who seek in vitro fertilization technology without fear of punishment, protects doctors’ rights to provide such treatment and allows insurance companies to cover the costs of reproductive technologies.
“It simply says that you have a legal right to have the opportunity to use assisted reproductive technology,” Duckworth said.
“The dreams of these women were crushed”
Washington State Senator Patty Murray, a Democrat, sharply criticized Republicans for blocking a unanimous consent request for the bill.
“These women’s dreams are being crushed because Republicans believe that a frozen embryo stored in an in vitro fertilization clinic is the same as, and should have, the exact same rights as, a living, breathing human being,” Murray said.
Senator Tim Kaine, a Democrat from Virginia, said first child born through in vitro fertilization in the United States, it happened in 1981 in Norfolk, Virginia. He added that it is estimated that 12 million people born thanks to in vitro fertilization.
“She’s raising her own family today,” Kaine said. “What could be more pro-life than in vitro fertilization?”
Oregon Democratic Senator Ron Wyden said the repeal of Roe v. Wade led to “a flood of court decisions like the one in Alabama.”
Nevada Democratic Senator Catherine Cortez Masto said that when the Supreme Court overturned Roe v. Wade, “we saw from afar that in vitro fertilization was in danger.”
“This won’t end with Alabama,” Cortez Masto said. “The attack on in vitro fertilization was another opportunity for anti-abortion Republicans to undermine women’s rights in this country.”
Britt: Alabama Takes Action
Alabama Republican Sen. Katie Britt said in a brief interview with States Newsroom Wednesday afternoon that her home state should address the issue.
“Right now, right now, Alabama is working to protect in vitro fertilization,” she said.
Alabama State Legislators moved three bills out of committee on Wednesday, which would provide access to in vitro fertilization in the state.
The US Senate debate on access to in vitro fertilization has just begun. hours after the Senate Budget Committee held a hearing on the “economic harm resulting from limiting reproductive freedom”, including testimony regarding access to this procedure.
Caitlin Myers, the John G. McCullough Professor of Economics at Middlebury College in Vermont, told the committee that access to “reproductive autonomy is not just about young people avoiding parenthood until they are ready, but about all people being able to become parents whenever they want.”
“The economic evidence suggests that it allows women to spend more time looking for the right partner, investing in their education and investing in their careers,” she said. “And in a country and at a time when we are increasingly seeing people delaying parenthood, the lack of access to IVF is very worrying from an economic perspective.”
44 Duckworth co-sponsors
Drake Billcalled the Family Building Access Act, is nine pages long and aims to protect patients and healthcare workers.
Duckworth introduced the bill in mid-January, with original co-sponsors including Wisconsin Democratic Sen. Tammy Baldwin, Murray of Washington state and New York Democratic Sen. Kirsten Gillibrand.
Support for the legislation began to grow this week, with the number of co-sponsors increasing to 44 as of Wednesday.
These women’s dreams have been crushed because Republicans believe that a frozen embryo stored in an IVF clinic is the same as, and should have, the exact same rights as, a living, breathing human being.
– Senator Patty Murray (D-Washington)
The bill states that it would prohibit restrictions on “assisted reproductive technology services” that are “more burdensome than restrictions or requirements imposed on medically comparable procedures, do not substantially improve the reproductive health or safety of such services, and unduly limit access to such services.”
In the legislation, assisted reproductive technology is defined as a method covered by Chapter 8 of the Infertility Clinic Success Rate and Certification Act 1992.
This law The definition states that it includes “any procedure or process that involves the handling of human oocytes or embryos, including in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and such other specific technologies as the Secretary may include in this definition, after making any proposed definition publicly available in such a manner as to facilitate comment thereon by any person (including any Federal or other public agency).”
Republican Party senators reject congressional action
Republican senators, speaking briefly to States Newsroom Tuesday, all dismissed the idea that Congress would step in now to set a nationwide policy on access to in vitro fertilization. And some expressed concerns about the way the bill was written.
Utah Republican Sen. Mitt Romney said he would have to review Duckworth’s bill in detail but said his “understanding is that it’s just much broader than addressing in vitro fertilization.”
Speaking generally about access to in vitro fertilization, Romney said he didn’t think federal lawmakers had “enough time to consider this issue at this stage because it’s not an issue in any other state except Alabama.”
“And if I understand correctly, Alabama is trying to deal with this issue legislatively, so I don’t think it’s a problem that exists anywhere else,” Romney said.
West Virginia Republican Sen. Shelley Moore Capito said that while she supports ensuring everyone has access to in vitro fertilization, she is unsure whether Congress should approve the legislation.
“I think we need to preserve access to IVF for families and individuals who are struggling with infertility,” she said. “But I think it’s a statewide problem in Alabama right now. And I think they need to fix it there first.”
Indiana Republican Senator Todd Young said access to in vitro fertilization “must be protected” and that he would consider supporting legislation that would do just that, though he said he had not yet read Duckworth’s bill.
“I would consider any proposal that is put forward here,” Young said. “I have not read the details of it. Some have called it too broad.”
“However, I would like to consider introducing legislation that would preserve this important prerogative for women and families,” Young said.
Republican senators say it’s a statewide problem
Kansas Republican Senator Roger Marshall said he believes the U.S. Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which invalidated the constitutional right to abortion, has pushed issues like in vitro fertilization to state legislatures.
“I think the Dobbs decision makes it clear that this should be a state-level decision,” Marshall said. “I encourage state legislators to support in vitro fertilization. It’s a beautiful thing, hundreds of babies are born every day across the country through in vitro fertilization.”
United States Supreme Court ruling in Dobbs said that “The Constitution does not grant a right to abortion; Roe and Casey are repealed; and the power to regulate abortion is returned to the people and their elected representatives.” This includes Congress.
Marshall said Republicans across the country “should recognize that we are the pro-family party and we should celebrate in vitro fertilization.”
“It’s an amazing technique that I’ve been involved in … close to 100 or more cycles and a ton of beautiful children that I’ve met through IVF,” Marshall said.
Iowa Republican Senator Joni Ernst said it’s “not yet” time for Congress to step in with nationwide in vitro fertilization legislation, though she said it’s significant for Americans to have access to the process.
“I think the message we have is that families should have access to IVF. It’s incredibly important,” Ernst said. “I have a friend who had twins through IVF. So I’m hopeful that we can work through that.”
Alabama Republican Senator Tommy Tuberville said the issue should be left to state lawmakers.
“Let them do it like they do abortion. Let everyone have a chance to vote on it,” Tuberville said. “I think that will work a lot better than people complaining here. We need to get our act together and worry about all the things we can control.”
