On Wednesday, Democrats attempted to quickly pass a law in the U.S. Senate that would ensure access to in vitro fertilization and other methods of assisted reproduction for Americans. However, this effort was unsuccessful due to a court in Alabama ruling that frozen embryos should be treated as children.

The state Supreme Court ruling on February 16 that frozen embryos should be considered children prompted at least three Alabama providers to halt the IVF procedure that involves combining eggs and sperm in a laboratory dish for couples having difficulty conceiving.

The court decision in Alabama has sparked worries that individuals participating in IVF may be at risk of being charged as embryos that are deemed nonviable are occasionally disposed of or utilized for research. This ruling may also lead to similar actions being taken by other states.

Senator Tammy Duckworth, a veteran of the Iraq War who was severely injured in combat in 2004, urged the Senate to hold a prompt vote on Wednesday for the passage of her “Access to Family Building Act.”

Her attempt to call for a vote, which needed the agreement of all 100 senators, was immediately obstructed by Senator Cindy Hyde-Smith of the Republican party.

Senator Hyde-Smith described the bill presented to us as a significant exaggeration, laden with problematic provisions that extend far beyond simply guaranteeing lawful availability of IVF.

Duckworth argued that her proposed legislation would ensure individuals can receive IVF procedures and services without the threat of legal action, while also protecting IVF providers and health insurance providers.

Although several Republican politicians have voiced unease with the decision made by the Alabama court, the party was not prepared to align with the Democrats on this contentious topic that is tied to the nationwide discussion on women’s access to abortion.

On Tuesday, Duckworth shared with reporters that she faced a ten-year battle with infertility after her deployment in Iraq. This experience led her and her husband to ultimately choose IVF, and they have since welcomed two children.

“I have five embryos that were conceived through IVF; out of those, three were considered nonviable and would not be able to survive,” stated Duckworth.

In 2013, the patient was informed by her physician that in the event of the implementation of “personhood laws” pertaining to embryos, disposing of her three non-viable eggs could result in charges of manslaughter or murder.

The upcoming presidential and congressional campaigns are likely to focus on reproductive rights, as Democrats criticize the U.S. Supreme Court’s 2022 decision to overturn the groundbreaking Roe v. Wade case that granted a national right to abortion. There is also attention on state actions, such as the IVF legislation, that affect reproductive rights.

According to White House representative Karine Jean-Pierre, the Republican’s decision to block Duckworth’s proposal was deemed “unacceptable.”

Jean-Pierre stated that President Joe Biden and Vice President Kamala Harris will work towards preserving access to reproductive health care, specifically IVF, and urge Congress to reinstate the safeguards of Roe v. Wade at a federal level for women in all states.