A bill that aimed to establish a right to in vitro fertilization failed on a procedural vote in the U.S. Senate Sept. 17.
The measure failed 51-44, needing 60 votes to proceed.
Senate Democrats sought to advance the Right to IVF Act, spearheaded by Sen. Tammy Duckworth, D-Ill., in a move that they argued drew a contrast between the Republicans who voted against it and their party's presidential nominee Donald Trump, who has pledged his administration would require the government or insurance companies to pay for IVF.
IVF is a form of fertility treatment opposed by the Catholic Church on the grounds that it often involves the destruction of human embryos, among other concerns.
Senate Majority Leader Chuck Schumer, D-N.Y., argued Republicans would block the bill because they would seek to ban IVF.
"Sadly, access to IVF can no longer be taken (for) granted," he said in remarks on the Senate floor. "From the moment the MAGA Supreme Court eliminated Roe, the hard-right made clear that they would keep going. As we saw earlier this year in Alabama, IVF has become the next target of ultra-conservatives, and access to this incredible treatment is more vulnerable than ever."
IVF became a talking point in the presidential campaign after a ruling by the Alabama Supreme Court earlier this year found that frozen embryos qualify as children under the state law's wrongful death law. Lawmakers in that state later enacted legal protections for IVF.
Republicans including Trump have sought to distance themselves from that ruling, as Democrats have argued they would implement bans.
Sens. Katie Britt, R-Ala., and Ted Cruz, R-Texas, argued the Senate should instead pass their bill, the IVF Protection Act, which would ban states from prohibiting access to IVF.
In comments on the Senate floor, Cruz argued IVF is a "medical miracle," and that Democrats were seeking to "stoke baseless fears" about Republicans seeking to ban it.
"What the American people deserve is straightforward, pro-IVF legislation," Cruz said.
Sen. Cindy Hyde-Smith, R-Miss., chair of the Senate Pro-Life Caucus, said in a statement, "Here we go again with more time-wasting show votes intended to prop up vulnerable Democrats ahead of an election."
"I consistently maintain my support for IVF and, as chair of the Pro-Life Caucus, I will always fight for the lives of children," she said. "Instead of taking up a flawed legislation the Senate already voted on weeks ago, a better use of time might be to consider truly critical legislation like appropriations bills or the National Defense Authorization Act. Sadly, for the American people, the Senate Majority Leader has refused to bring any of them to the floor."
But in a message to Catholics prior to the vote, the U.S. bishops' conference asked them to urge their lawmakers to reject "bills that promote so-called 'rights' to IVF and other assisted reproductive technologies (ART) that cause the death of countless human embryos and violate human dignity."
"The need to accompany and support the increasing number of families struggling with infertility is real," the message said. "But members of Congress -- including many who consider themselves pro-life -- are in a rush to promote access to a new national 'right' to in vitro fertilization (IVF) and other such technologies that destroy preborn human lives and treat people like property (like surrogacy, gene editing, and cloning). Some of the current proposals would also threaten Catholic hospitals, charities, schools, and other organizations and people that do not enable or cover these medical procedures."
The 1987 document from the Congregation (now Dicastery) for the Doctrine of the Faith known as "Donum Vitae" ("The Gift of Life") states the church opposes in vitro fertilization and related practices, including gestational surrogacy, in part because "the connection between in vitro fertilization and the voluntary destruction of human embryos occurs too often."
According to data from the Centers for Disease Control and Prevention, approximately 238,126 patients underwent IVF treatment in 2021, resulting in 112,088 clinical pregnancies and 91,906 live births.
