The Right to IVF is at Risk. The Time to Act is Now.
This week, legislation that would have enshrined IVF access failed in the U.S. Senate.
Before Carolina arrived, my experience with infertility and loss was so devastating that I didn’t feel capable of using my voice to help others. Since she arrived in 2019, I’ve felt compelled to advocate to make the path to parenthood more accessible and affordable for those who are struggling.
This week, I traveled to Washington with Resolve.org. Resolve’s mission is to help Americans access infertility care and build their families. The first order of business in D.C. was a press conference at the “Senate Swamp.”
I had to read the instructions twice. Senate Swamp?
It turns out that’s the name of an actual place on the Senate grounds. The etymology dates back to 1964 when a broadcast journalist, Roger Mudd, was reporting on a Civil Rights Act filibuster and was moved from the Senate steps to a grassy area on the lawn. The combination of rain and his last name inspired reports to dub the area the “Senate Swamp,” and the name has stuck ever since.
On Wednesday, I stood at the Swamp and listened to Senators Cory Booker, Pat Murray, and Tammy Duckworth—along with patients and IVF practitioners—share their passionate pleas for all Senate Members to vote “yes” to the Right to IVF Act.
Choosing to start a family is one of the most consequential and personal decisions in a person or couple’s life. IVF provides hope and opportunity for countless families. It's a vital medical advancement that brings the dream of parenthood to life.
- Senator Cory Booker
After the press conference, Resolve organized a meeting with Senator Schumer.
The following day, I sat in the Senate Gallery with dozens of other advocates from Resolve. We had a bird’s-eye view of the proceedings. Multiple Democratic senators spoke in favor of the Right to IVF Act. One Republican senator spoke against it. Republicans often cite the fact that IVF is legal in all 50 states as their rationale for a “no” vote—that it’s unnecessary since it already *is* legal.
As the vote began, we watched as senators approached the Assistant Secretary of the State and flashed either a thumb’s up or a thumb’s down. Names of Senators were said out loud, followed by “aye” or “no.”
Soon, it was clear that the vote would fail to achieve the 60 affirmatives that needed to be passed. Senator Schumer took the podium and announced he was changing his vote to “no” to preserve the ability to bring it back to the floor. The final count was 48 opposed and 47 in favor.
Infertility does not discriminate—no matter your political viewpoints—you likely know someone who has experienced trouble conceiving or maintaining a pregnancy. One in six people experience infertility, and 85% of Americans support IVF. This is a family-building issue, not a political one. I wrote a piece about this for CNN Opinions, which you can read here.
I watched in with antipathy this past February when Alabama law ruled that frozen embryos were “unborn children,” and people who had spent thousands of dollars and waited months—or even years—for fertility treatments were left in limbo. This is why federal protections for IVF are needed. No one in Alabama said IVF was illegal, but by deeming embryos humans, fertility clinics were heartbreakingly forced to close their doors and abandon patients mid-cycle. They did so out of real concern for the civil—and potential criminal—liability that their physicians and patients might face. The state didn’t pass a ban on IVF, but by ruling frozen embryos were human beings, they forced providers to stop offering their services. This belief is rooted in personhood laws, which currently exist in 11 states. The laws give embryos the same rights as living and breathing humans. This is dangerous—it equates the life of an embryo to the life of a person. Under these laws, an expectant mother who is carrying a non-viable, ectopic pregnancy that threatens her life could be jailed as a murderer (as could her doctor) for ending the pregnancy. A clinician who thaws an embryo for a transfer but that embryo does not survive the thaw would be deemed as having killed a child.
This is an urgent issue, and if you believe in this cause and want to make a difference, there are a few things you can consider:
Visit this link to send a letter in support of this historic legislation. This is particularly important if you live in one of the 11 states where personhood laws exist: Alabama, Arizona (preliminary injunction issued, but only as applied to abortions that remain legal in the state; litigation ongoing), Arkansas, Georgia, Kansas, Kentucky, Missouri, Montana, Pennsylvania, Tennessee, or Utah.
Sign up for the Resolve Advocacy Action Alerts to receive updates on this topic and learn how you can lend your voice to this cause.
While the Senate vote was disheartening, it strengthened my determination to fight for IVF protections. This November, I've committed to running the NYC Marathon as part of the Resolve team. Please consider donating via my marathon fundraising page. Every dollar counts!
I’ll be back in your inbox next Sunday!
Words of the Week:
“If there is no struggle, there is no progress.”
—Frederick Douglass
Photo of the Week:
It was a picture-perfect day in Washington during my time at the Senate. I took this photo when I was feeling hopeful—excited to be in DC and on my way to the press conference.
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I’m so proud of you for all your work to help fight for these rights for women, and health care providers. ❤️