Sens. Ted Cruz (R-TX) and Katie Britt (R-AL) are presenting new legislation on Monday aimed at ensuring in vitro fertilization (IVF) access remains “legally protected nationwide” by making the practice a requirement for states to receive federal Medicaid funding.
Under the bill, any state that attempts to ban IVF through its legislature or courts would become ineligible for Medicaid funding. This legislation by Cruz and Britt emerges as Republicans seek to distance themselves from a recent Alabama Supreme Court ruling, which has posed political challenges and risks alienating swing voters ahead of the November election, especially after the overturning of Roe v. Wade.
Although the bill permits states to establish “health and safety standards to govern IVF,” the senators assert that tying funding to the practice will “ensure that IVF access is fully protected by federal law.”
“While the Alabama Legislature promptly reaffirmed that IVF is protected following the court’s decision, federal legislation would eliminate any uncertainties that might emerge from future state-level judicial interpretations,” the senators articulated in a Sunday op-ed for the Wall Street Journal. “Our objective is to avoid any legal confusion that might hinder a family’s journey towards parenthood.”
In February, Alabama’s highest court ruled that frozen embryos are legally considered children, and thus their destruction constitutes a crime under the state’s “wrongful death of a minor” law.
Following the court’s decision, many GOP lawmakers expressed opposition to the Alabama ruling. Kellyanne Conway, former adviser to former President Donald Trump, visited Capitol Hill in December to present polling data indicating that 86% of voters support IVF, including 78% of those who identify as “pro-life” and 83% of evangelicals.
A Cruz aide mentioned to reporters ahead of the op-ed’s release that a key motivator for the bill is the “fear-mongering tactic” employed by Democrats to cast Republicans as anti-IVF.
“As Democrats make this an election issue across the country, [Cruz] hopes, alongside Katie Britt, to eliminate it from the debate,” the aide stated to reporters.
“The aim of this bill is to expose that hypocrisy and compel Democrats to vote on it,” the aide added.
The Republicans’ proposal is distinct from a bill introduced by Sen. Tammy Duckworth (D-IL) in January intended to safeguard IVF access. Numerous Republicans have resisted Duckworth’s bill, arguing that its broad language could inadvertently open the door to potential abortion protections.
In a letter to Republicans sent shortly after the Alabama ruling, the United States Conference of Catholic Bishops advised GOP senators against Duckworth’s Access to Family Building Act, labeling federal protection of IVF a “threat to the most vulnerable of human beings.”
“Contrary to some claims, endorsing the legal enshrinement of IVF, however well-meant, is neither pro-life nor pro-child,” the bishops wrote. “Exploring alternatives, such as advancing research on infertility treatments or bolstering support for adoption-seeking couples, would be more prudent.”
“Among those we and our parishes serve, we deeply understand the yearning and suffering of families dealing with infertility. We aim to alleviate that personal suffering,” the bishops continued. “Nevertheless, we cannot endorse a practice and an industry rooted in the creation and potential destruction or abandonment of millions of children.”
The Truth Voices has reached out to Duckworth and SBA Pro Life America for comment.
