Senate Republicans have prevented the passing of a bill that would safeguard the ability to use in vitro fertilization. They refused to vote on the matter on Wednesday, despite the outcry following a decision by the Alabama Supreme Court that endangers this procedure.

Senator Cindy Hyde-Smith, a Republican from Mississippi, opposed Senator Tammy Duckworth’s, a Democrat from Illinois, proposal for a vote. Senator Duckworth had utilized IVF treatments to conceive her two children following a long battle with infertility. Her bill would guarantee access to these treatments at the federal level, as the recent Alabama decision has disrupted fertility care in the state, causing distress and uncertainty for families who were already undergoing the process.

Some clinics in the state have temporarily stopped offering IVF services as they work through a recent ruling stating that frozen embryos may be legally recognized as children. In light of this ruling, three Alabama couples whose frozen embryos were lost in a storage facility incident can now take legal action against the fertility clinic and hospital for the death of their potential child.

The Democrats have quickly responded to the recent decision made in an election year, cautioning that other states may also choose to follow Alabama’s lead. They fear that this could put other rights in jeopardy, especially after the U.S. Supreme Court’s ruling to overturn Roe vs. Wade and the federal law for abortion in 2022. In response, Congress has passed a bill in 2022 to safeguard the federal right to same-sex and interracial marriages.

Duckworth cautioned, “Take note of my warning, if we do not take action immediately, the situation will only deteriorate.”

Fifteen states have passed laws, promoted by anti-abortion advocates, that equate the rights of a fetus to those of a person.

Hyde-Smith defended the Alabama Supreme Court decision that found frozen embryos can be considered children under state law. Republicans widely hold the stance that the federal government should not interfere with state-level decisions on reproductive care after the Dobbs v. Jackson Supreme Court decision in 2022 left decisions on abortion restrictions up to states.

“Hyde-Smith expressed her support for granting both mothers and fathers full access to IVF technology in order to bring new life into the world. She also emphasized the importance of protecting human life.”

At present, officials in Alabama are working quickly to discover methods of safeguarding the therapies. Additionally, ex-President Donald Trump, who leads the pack for the Republican candidacy for president, expressed his firm backing for the availability of IVF. He urged Alabama legislators to uphold access to the treatment.

Several Republican legislators also reaffirmed their backing for IVF treatments.

Following the decision, Alabama Senator Katie Britt reached out to other members of the Republican party, including Trump, to advocate for the significance of backing the treatments. This individual, who is knowledgeable about the calls, stated that Britt stressed the fact that these treatments align with pro-life and pro-family values.

Following the decision, Britt stated that protecting life and upholding access to IVF services for caring parents are not conflicting goals.

Some other Republicans also expressed their agreement. Ted Cruz, a Senator from Texas known for his vocal opposition to abortion, stated his support for IVF and views it as a way to affirm life. Roger Marshall, a former obstetrician and Senator from Kansas, shared that in his 25 years of medical practice, he has referred patients for IVF treatments. “We are the party that supports families, and there is nothing more supportive of families than assisting couples in having a child,” Marshall added.

However, this marks the second instance in which Republicans have prevented the passage of Duckworth’s bill. By reintroducing it, Democrats are calling on GOP senators to demonstrate genuine support for IVF accessibility, especially after many of them released statements this week denouncing the Alabama decision. To protest the repeal of Roe v. Wade, Democrats held a 45-minute session on the Senate floor on Wednesday, during which they delivered a series of speeches criticizing the ruling.

On Tuesday, Senate Majority Leader Chuck Schumer compared Republicans who have criticized the Alabama ruling to an arsonist who starts a fire and then questions why the house is burning.

The bill holds great personal meaning for Duckworth. She was severely injured while flying a Black Hawk helicopter in Iraq and became an amputee. Due to this, she was only able to have her own children, who are now 5 and 9 years old, through IVF.

Duckworth shared on the Senate floor that after 10 years of dealing with infertility following her service in Iraq, she was able to conceive through IVF. She credits IVF for allowing her to experience the ups and downs of motherhood.

She described her struggle with infertility as “one of the most heartbreaking experiences in my life.” She also stated that her miscarriage was even more painful than any injury she received during her time on the battlefield.

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Reporter Kim Chandler from the Associated Press also provided information from Montgomery, Alabama.