Senators Ted Cruz (R-TX) and Katie Britt (R-AL) are introducing a new bill today that aims to protect nationwide access to in vitro fertilization (IVF). The legislation proposes that states must allow IVF in order to receive federal Medicaid funding. If any state attempts to ban IVF, it would become ineligible for Medicaid funding under this bill. This initiative from Cruz and Britt comes at a time when Republicans are attempting to distance themselves from a recent ruling by the Alabama Supreme Court, which has caused political difficulties for the party and risks alienating swing voters leading up to the November election and following the overturning of Roe v. Wade.
The senators argue that while the legislation allows states to establish health and safety standards for IVF, it also safeguards access to IVF by imposing funding conditions. This ensures that federal law fully protects individuals’ access to IVF.
In a recent op-ed to the Wall Street Journal, the senators expressed the need for federal legislation to protect the rights of families pursuing in vitro fertilization (IVF). They emphasized that while the Alabama Legislature has reaffirmed the protection of IVF, federal legislation would eliminate any potential ambiguity that may arise from future state-level interpretations. The senators stressed the importance of ensuring that legal confusion does not hinder any family’s journey to bringing a child into the world.
In February, the highest court in Alabama made a ruling stating that frozen embryos are legally regarded as children and that the act of destroying embryos is considered a crime under the state’s “wrongful death of a minor” law.
Many GOP lawmakers expressed their opposition to the Alabama ruling in the week following the court’s decision. In December, Kellyanne Conway, former adviser to former President Donald Trump, visited Capitol Hill and presented polling data showing that 86% of voters, including those who identify as “pro-life” and evangelicals (at 78% and 83% respectively), support IVF.
According to a Cruz aide, the motivation behind the bill is a response to the fear-mongering tactics employed by Democrats, who are portraying Republicans as being against IVF.
According to a Cruz aide, as Democrats make this a key election issue, Senator Cruz hopes to address it head-on by partnering with Katie Britt.
According to the aide, the main objective of this bill is to expose the hypocrisy and put pressure on Democrats to vote on it.
The Republicans have introduced a separate bill from the one introduced by Sen. Tammy Duckworth (D-IL). Duckworth’s bill, which was introduced in January, aims to protect IVF access. However, many Republicans have expressed concerns about the broad language of Duckworth’s bill, as they fear it may inadvertently provide a loophole for abortion protections.
The United States Conference of Catholic Bishops recently sent a letter to Republicans expressing their opposition to Duckworth’s Access to Family Building Act. In the letter, they argued against the federal protection of in vitro fertilization (IVF), stating that it posed a threat to the most vulnerable of human beings.
The bishops expressed their disagreement with the idea that supporting the legalization of IVF is pro-life or pro-child. They believe that alternative approaches, such as investing in research on infertility that affirms life or providing stronger support for couples who want to adopt, should be considered instead.
