WASHINGTON — U.S. Sens. Brian Schatz and Mazie Hirono, both D-Hawaii, blasted Senate Republicans on Tuesday for blocking legislation that would have established a federal right to in vitro fertilization services.

What You Need To Know

  • The Right to IVF Act, introduced by Sen. Tammy Duckworth, D-Ill., needed 60 votes to advance but failed on a 51-44 vote as all but two Republican members voted against it
  • Democrats have pushed the IVF debate in advance of November’s general election, linking the conservative-backed overturning of Roe v. Wade by the Supreme Court two years ago to what they argue is a growing threat to IVF treatment
  • Republicans, including Sen. John Thune, R-S.D., have dismissed the Right to IVF act as posturing by Democrats, wishing to put Republican support of IVF in question
  • Sen. Mazie Hirono noted that IVF has been a safe and effective option for those who struggle with infertility for more than 45 years and invoked her own efforts as a state legislator in the 1980s to make Hawaii one of the first states to pass legislation that requires health insurers to cover IVF treatment

The Right to IVF Act, introduced by Sen. Tammy Duckworth, D-Ill., needed 60 votes to advance but failed on a 51-44 vote as all but two Republican members voted against it.

“Republicans are doing a lot of mental gymnastics to try and justify their cruel extremism on this issue,” Schatz said. “But let’s be very clear about what the Right to IVF Act does. It protects every American’s right to access IVF and lowers the cost of the treatment for families who need it. That means anyone struggling to start or grow a family can undergo IVF without fear of interference or punishment by the government. And think about the fact that we have to make a law that says families should not be punished for trying to start a family. That’s what this bill does. It says you should have access to this care and cannot be punished for trying to start a family.”

Democrats have pushed the IVF debate in advance of November’s general election, linking the conservative-backed overturning of Roe v. Wade by the Supreme Court two years ago to what they argue is a growing threat to IVF treatment. Duckworth and other Democrats have repeatedly cited the February decision by the Alabama Supreme Court recognizing embryos as children, which resulted in Alabama IVF clinics shutting down for fear that the routine disposal of fertilized eggs could be interpreted as murder.

The Alabama Legislature subsequently passed a measure, enacted by Gov. Kay Ivey, granting immunity to IVF providers, but Democrats continue to argue that a national statute ensuring the right to IVF is needed to prevent similar threats to IVF in other states.

Meanwhile, Republicans, including Sen. John Thune, R-S.D., have dismissed the Right to IVF act as posturing by Democrats, wishing to put Republican support of IVF in question.

Schatz, however, said the proof was in the vote.

“They (Republicans) can pretend to be for IVF but vote against the bill that would actually protect it for good,” he said. “They can pretend to be for life while also trying to restrict access to miraculous treatments that create life. They can pretend to have their own bill to support IVF when it, in fact, that bill literally does the opposite. It literally does the opposite. Because here it’s your vote that counts. It is not your rhetoric. It is not your statement. It is not even your explanation. They voted no against IVF. And shame on them.”

Hirono noted that IVF has been a safe and effective option for those who struggle with infertility for more than 45 years. She invoked her own efforts as a state legislator in the 1980s to make Hawaii one of the first states to pass legislation that requires health insurers to cover IVF treatment.

“For decades, IVF and other assisted reproductive technologies, or ART, have helped people, who otherwise couldn’t, start families of their own,” she said. “While some on the right like to paint IVF as some sort of new or untested technology, that is not so.”

Hirono echoed Schatz’s skepticism about Republican support for IVF.

“Republicans insist they support IVF, but refuse to protect access to IVF. They insist access to contraception is safe, but refuse to codify it into law,” said Sen. Hirono. “Frankly, can anyone take Republicans at their word when they say they won’t enact a nationwide abortion ban if given the opportunity?

“As Republicans continue on their anti-freedom, anti-women crusade, Democrats will continue fighting to protect the right to IVF as we work to ensure people can make decisions about their bodies, their lives and their futures, free from government interference,” she said.