U.S. Senators Katie Britt, Ted Cruz Move to Pass IVF Protection Act; Blocked by Senate Democrats

September 17, 2024

‘The only bill that protects IVF access while safeguarding religious liberty and the bill that could get 60 votes in the U.S. Senate’

WASHINGTON, D.C., September 17, 2024 – U.S. Senators Katie Britt (R-Ala.) and Ted Cruz (R-Texas) today moved for immediate passage of the IVF Protection Act, which the senators introduced in May. For the second time in recent months, Senate Democrats blocked the bill from passing.

Senators Britt and Cruz’s bill would ensure that no state prohibits access to in vitro fertilization (IVF) services. It does not compel any person or organization to provide IVF services, and it permits states to implement health and safety standards regarding the practice of IVF. Under the language of the legislation, states would be ineligible to receive Medicaid funding if they banned access to IVF.

Excerpts from Senator Britt’s remarks are below. Watch the full remarks here

“For many Americans, building a family, becoming a mom or a dad, that’s their American Dream. IVF makes the difference in achieving that dream for millions of Americans who are facing infertility . . . ”

“IVF is legal and available from coast to coast, in every single corner of America, and in all 50 states. That includes my home state of Alabama, where Governor Ivey and the Alabama Legislature acted quickly to protect IVF access. Today we have an opportunity to act quickly and overwhelmingly to protect continued nationwide IVF access for loving American families. Our IVF Protection Act would do just that. . . ”

“Our bill is the only bill that protects IVF access while safeguarding religious liberty. It also could get 60 votes in the United States Senate and isn’t that the point? Yet, we’re going to have a show-vote when we’ve been talking and saying that we want to protect access to IVF, but yet no one is working to actually get to the 60-vote threshold, which makes me wonder how serious my colleagues on the other side of the aisle are about this.”

“In an era of hyper-partisanship, this bill, the IVF Protection Act, should be the one that’s on the floor today. This is the bill that will give aspiring parents confidence and continued hope that their dreams of bringing life into this world can come true. Look, as I talk to families across Alabama and parents who are hopeful they can bring a child into this world, making sure that this process is protected and available is critically important. However, this bill isn’t the one that Democrats are putting on the floor. This is not drafted in that way. It’s drafted to be a partisan scare tactic.”

“Democrats are choosing to spread misinformation rather than fostering hope. The American people deserve better. The path forward is Senator Cruz and my IVF Protection Act.”

The move by Senators Britt and Cruz came in advance of a second full-Senate vote on another piece of legislation masquerading as an IVF fix—The Right to IVF Act. This bill, however, goes vastly outside the scope of IVF to include completely separate treatments and technologies, that could even include human cloning. The bill failed—as Senator Schumer knew it would.

“Senate Democrats’ Summer of Scare Tactics has expanded into a Fall of Fear-Mongering with continued partisan efforts to mislead and confuse the American people. IVF is legal and available in every state in the nation,” said Senator Britt“If Democrats truly were committed to common-ground solutions instead of self-serving scare tactics, then the IVF Protection Act would be on the floor today. Instead, Senator Schumer chose to play politics less than 50 days from Election Day.”

Background

Senators Britt and Cruz introduced their IVF Protection Act in the spring. The Senators asked for unanimous consent to pass their legislation in June, but their effort was blocked by Senate Democrats. Democrats have now blocked this bill twice.

U.S. Representatives Scott Perry (R-Pa.) and Nancy Mace (R-S.C.) introduced the companion bill in the House.

In addition, Senators Britt and Cruz led a joint statement this summer in strong support of continued nationwide IVF access that was signed by every Senate Republican.

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