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Alabama Governor Kay Ivey.
The election-year political scramble over IVF
Last week, Axios reported that a half dozen swing-district House Republicans were signing onto a resolution in support of continuing access to fertility treatment as other prominent national Republicans struggled to settle on a GOP message on the subject. In response, first lady Jill Biden invited an Alabama woman seeking IVF services as a guest at last night’s State of the Union address. To double down on the point, Sen. Tim Kaine (D-VA) invited 42-year-old Elizabeth Carr, the world’s first “test-tube baby” to attend the speech.
Alabama Republicans quickly decided to get in front of the controversy. On Wednesday, the Alabama State Legislature passed a bill that grants civil and criminal immunity for in vitro fertilization service providers and receivers, and Republican Gov. Kay Ivey signed the bill into law less than an hour later. The move allows both patients and clinics to restart IVF treatments in the state without fear they could be prosecuted if embryos are damaged or destroyed during the procedure. It also highlights the election-year political stakes surrounding all aspects of reproductive rights, one of America’s most controversial political issues.
Press conference on the Alabama Supreme Court Ruling on IVF, and the need to safeguard IVF access nationwide, at the US Capitol in Washington, DC.
What does Alabama’s embryo ruling have to do with Canada?
Barely a week after the Alabama Supreme Court ruled that frozen embryos are “extrauterine children,” putting the future of in vitro fertilization (IVF) at risk throughout the state and, potentially, other parts of the nation, there are concerns the decision’s effects will creep north into Canada.
This week, the Alabama State Senate and House introduced bills moved to protect IVF providers as the state faced immediate backlash for the ruling. The court decision was a major win for anti-choice activists, which also has Canadians worried.
Under Canadian law, embryos are not considered persons — and that’s unlikely to change. But many Canadians seek IVF treatment in the US, which means stateside rulings could affect them. Plus, the transnational anti-choice movement — including its Canadian members — will be emboldened by the outcome.
While abortion in Canada is legal nationwide, access is limited by geographical barriers and a lack of clinics in some regions of the country, particularly Atlantic Canada. In the US, where a majority of Americans support abortion, lawmakers are proposing and passing abortion bans in states throughout the country in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade. But pro-choice supporters are also fighting back.
On Wednesday, Democratic Sen. Tammy Duckworthtried to pass a quick bill to protect IVF throughout the country, but was blocked by Republican Sen. Cindy Hyde-Smith. The setback notwithstanding, the federal effort to secure fertility treatment rights won’t end there.
Alabama Governor Kay Ivey
Republicans rally to protect IVF
After Alabama’s Supreme Court ruled that frozen embryos should be legally considered children this week, lawmakers are scrambling to pass legislation to protect in vitro fertilization.
The ruling only applies to the three families who brought the initial lawsuit, but its wording has many medical professionals worried it could be used against them. Three major fertility clinics halted IVF treatments in the state this week.
While all of Alabama’s Supreme Court justices are Republican, many politicians in their party are trying to distance themselves from the ruling and take action to counteract it. Republican legislators, who have a super-majority in Alabama, are considering introducing a bill to protect the treatment. Donald Trump has condemned the ruling and is urging Alabama’s GOP to protect IVF.
Does this mean the GOP is pro-choice now? No, we wouldn’t go that far.
The Alabama ruling has highlighted the schism among Republicans who believe life begins at conception and those who want to protect reproductive services. Republicans are also realizing that reproductive restrictions rally Democrats, and extreme positions like this one are gifts to their opponents ahead of the 2024 election.