The US Senate has blocked two separate in vitro fertilization (IVF) bills Tuesday — the Right to IVF Act, sponsored by Senator Tammy Duckworth (D-IL), and the IVF Protection Act, sponsored by Senators Ted Cruz (R-TX) and Katie Britt (R-AL).
The Right to IVF Act was voted down in a 51-44 vote which needed a minimum of 60 yeas. The IVF Protection Act failed to reach the unanimous consent required by the Senate.
While both bills claim to protect IVF, there are key differences. If passed, the Right to IVF Act would make IVF and other fertility treatments a statutory right, preempting state and local laws. It would also provide protection for healthcare providers offering the treatments.
The IVF Protection Act, on the other hand, would leave health and safety standards regarding IVF to the states. The act would also require that states do not prohibit IVF, making Federal Medicaid funding contingent on the treatment’s accessibility.
Democrats have historically argued that Cruz’s IVF Protection Act does not go far enough to ensure IVF access while Republicans have argued that the Right to IVF Act could encroach on religious freedom and remove legal and ethical regulations on IVF.
With the 2024 US presidential election approaching, each side is claiming the other is using its bill as a publicity stunt.
While former President Trump has expressed support for the Right to IVF Act, Democrats are skeptical. At a campaign event in August, Trump claimed that if he is elected, he would require the government or insurance companies to pay for IVF.
Democratic National Convention (DNC) National Press Secretary Emilia Rowland released a statement addressing the matter:
Senate Republicans put politics first and families last again today by blocking the Right to IVF Act for the second time since June. As Trump makes baseless claims about being “a leader on fertilization,” the reality is that his Project 2025 agenda and the Republican Party platform directly threaten IVF.
Senator Cruz also decried the Senate’s actions:
Senate Democrats cynically blocked my bill with Senator Britt that would protect IVF access nationwide. Why? Because they care more about the November elections than about protecting IVF. They want Republicans to reject their radical agenda-pushing bill in order to claim we oppose something that we do not. It’s disingenuous, callous, and American families deserve better.
