GOP Senators Say They Support IVF—Just Not a Federal Law to Secure It

On Wednesday, Democratic Senator Tammy Duckworth brought forward legislation to protect access to in vitro fertilization, known as IVF, on the Senate floor. Duckworth attempted to approve the legislation via unanimous voice vote, a maneuver that requires only one senator to object to prevent its passage. Senator Cindy Hyde-Smith, a Republican from Mississippi, blocked it on the floor.

In the weeks since the Alabama Supreme Court issued a controversial ruling declaring that fertilized embryos inside or outside of the uterus are children—leading IVF providers to halt operations across the state—many Republicans have repeatedly expressed their support for the procedure. Despite being localized to one state, the court’s decision has had political repercussions across the country, including for federal GOP lawmakers and candidates.

It has further seeped into national campaign politics: The National Republican Senatorial Committee put out a memo last week that “encourages Republican Senate candidates to clearly and concisely reject efforts by the government to restrict IVF,” arguing that the Alabama ruling “is fodder for Democrats hoping to manipulate the abortion issue for electoral gain.” Democrats have indeed seized upon the issue, pointing out when GOP candidates have previously expressed support for fetal personhood. If an embryo is a child, the argument goes, then IVF is inherently under threat, because it often requires discarding fertilized eggs that are not viable.

Setting aside the purely political considerations, Republicans announcing support for IVF only raises further questions about what that endorsement means. For example, if every frozen embryo is a child, should a mother be required to carry it, even if physicians know it is nonviable and will result in a miscarriage? How should frozen embryos be handled?

When I asked whether a frozen embryo could be considered a person, GOP Senator Kevin Cramer replied: “I don’t know.” “I believe that life begins at conception,” Cramer continued, although he added that he was “not suggesting a federal definition.” “We need to demonstrate our compassion universally, and not just pick a political side and feign compassion.”

Senator Markwayne Mullin, whose wife underwent fertility treatment over seven years, offered a different perspective on when life begins. “When my wife and I, we first experienced a pregnancy, and I heard a heartbeat—that was life to me. I mean, that was my child,” said Mullin. When his wife later suffered a miscarriage, that was “a true death to us,” Mullin continued.

“When you start talking about that, I start looking towards a heartbeat, because that’s when life begins,” he said.

Senator Cynthia Lummis said, “It could be justified to say that the rights of a child do not apply to an in vitro situation, that they would only apply in vivo,” HuffPost reported. This would require an embryo to be implanted in a uterus.

Meanwhile, Senator Josh Hawley said determining how life should be defined is “more of a legal question.” However he said that “there may be a place here for a federal backstop to make sure that it remains available”—as long as it is focused purely on IVF, and not on abortion, an indication that he would steer clear of most Democratic proposals. (In Hawley’s home state of Missouri, a 2016 state court decision ruled that frozen embryos are not children; state legislators have since introduced bills attempting to overturn that ruling. Advocates for a proposed state constitutional amendment to protect abortion rights say it will also protect IVF access.)

Other Republicans argued that the issue should be left to the states. Senator Roger Marshall, a longtime ob-gyn who worked with patients struggling with fertility, acknowledged that determining how frozen embryos should be handled was a “tough question,” even as he reiterated his support for IVF. “I think it’s an incredible gift of knowledge that God has given us and that we should use that knowledge as physicians,” Marshall said. “I think the Dobbs decision clearly states that this should be dealt with at the state level, and would encourage state legislatures to protect in vitro fertilization.”

Indeed, the Dobbs decision by the U.S. Supreme Court, which overturned Roe v. Wade, paved the way for the Alabama court to make its decision regarding embryos. Abortion rights and access to other reproductive procedures and care are intertwined in state law, and are now being determined on a state-by-state basis.

The Alabama decision opened a proverbial can of worms for lawmakers across the country who believe that life begins at conception, and has faced blowback from lawmakers—even those in the Yellowhammer State. State lawmakers in the Alabama legislature hastily brought forward a bill to establish legal protections to IVF providers; critically, it doesn’t address whether an embryo is considered an unborn child, an idea that formed the crux of the court’s decision that embryos should be protected under the state’s Wrongful Death of a Minor Act. (Both chambers of the legislature advanced legislation to protect IVF clinics from lawsuits on Thursday.) In Florida, a hearing on a state bill to establish civil liability for the death of an unborn child was postponed.

Other states already have laws on the books regarding the legal status of embryos; for example, in Louisiana, an embryo fertilized in vitro is considered a “juridical person,” meaning that it has limited rights. As such, viable embryos cannot be deliberately discarded by physicians, although a nonviable embryo is no longer considered a juridical person. Frozen embryos need to be stored out of state to be in line with the law, which adds further costs for those undergoing IVF treatment.

“It seems as if there’s a certain respect being paid to the potential personhood,” said Louisiana Senator Bill Cassidy about his state’s law. However, he stopped short of calling for a federal law modeled on Louisiana.

“Our Founding Fathers kind of said, if the states can work it out, let them work it out. And I’d like to think the states would look to Louisiana,” Cassidy said.

Author’s note: A few hours before the deadline for this newsletter, Senate Majority Leader Mitch McConnell announced he would step down as Republican leader in November. This is, to paraphrase another inveterate Senate Guy™, a BFD. To read more about the shadow race to succeed McConnell, check out my September article on the senators vying to replace him.

This article first appeared in Inside Washington, a weekly TNR newsletter authored by staff writer Grace Segers. Sign up here.

Vibe check: How Christian nationalism informs American politics

Each week, I provide an update on the vibes surrounding a particular policy or political development. This week: A new poll provides insight on the rise of Christian nationalism.

In his opinion concurring with the decision that embryos should be considered children, the chief justice of the Alabama Supreme Court frequently invoked God, as well as the words of Scripture and Christian philosophers. Justice Tom Parker wrote that “even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”

Parker has previously espoused Christian nationalist beliefs and expressed support for the “Seven Mountains Mandate,” a strain of Christian dominionism that dictates the “seven mountains” of social influence must be conquered to impose fundamentalist Christian beliefs on society. (TNR contributor Elle Hardy wrote about this movement back in August 2022.)

Parker’s beliefs are in line with much of his state: According to a new survey by the Public Religion Research Institute, 47 percent of Alabamians qualify as Christian nationalism adherents or sympathizers. Along with North Dakota, Mississippi, West Virginia, and Louisiana, Alabama was one of five states where more than 45 percent of the population hold Christian nationalist beliefs.

“It’s not about cultural influence, it’s actually about political domination,” said Robert Jones, the president and founder of PRRI, about the tenets of Christian nationalism. “What this is about is using power to impose their views, even when they’re not achieving those through democratic means.”

Nationally, only about three in 10 Americans qualify as adherents or sympathizers of Christian nationalism, according to the survey, which was conducted over several months and based on interviews with 22,000 people. But on a state-by-state level, the survey found that Christian nationalist tendencies were strongly correlated with previous support for former President Donald Trump and Republican Party affiliation. Sixty-six percent of white evangelical Protestants and 55 percent of Hispanic Protestants hold Christian nationalist beliefs.

The tenets of Christian nationalism could have serious influence on the politics of this election year, particularly given that Trump is once again likely to be the Republican nominee for president. Trump himself has embraced that language: In a recent speech to the National Religious Broadcasters, the former president said, “I will fight even harder for Christians with four more years in the White House,” promising to combat “anti-Christian bias.” (Of course, what Trump means by “Christian” is “conservative Christian.”)

According to the PRRI, Christian nationalists were also more likely to agree that “there is a storm coming soon that will sweep away the elites in power and restore the rightful leaders,” and that “because things have gotten so far off track, true American patriots may have to resort to violence to save the country.”

“I think we’re going to see more and more of these strong-arm tactics moving outside of the norm of democracy precisely because the demographics of this country are changing,” said Jones about the proliferation of Christian nationalist ideals among politicians. The U.S. was once a majority-white and Christian country, but in 2022, white Christians only made up 42 percent of the population.

“That sea change, or shift, has really set off this apocalyptic, in some way desperate reaction,” Jones continued. Indeed, in his speech before the National Religious Broadcasters, Trump said, “It’s the people from within our country that are more dangerous than the people outside.”

The country has already seen the effects of belief in violence as a tool for political change linked with support for Trump: On January 6, 2021, the former president’s supporters laid siege to the Capitol in an effort to overturn the 2020 election.

“The real danger of the Christian nationalist worldview is that it casts political opponents as existential enemies, and it thinks of politics in black and white terms of good versus evil, God versus Satan,” said Jones. When that perspective is prevalent, it justifies the use of violence for political means. “We’re actually trying to defeat and vanquish people who have literally been cast as instruments of the devil.”

What I’m reading

“What can I even say without having to go to jail?” by Julianne McShane in Mother Jones

This ballot measure would restore Roe. Abortion rights groups are attacking it, by Rachel M. Cohen in Vox

A wild and dangerous 2024 experiment, by John G. Hendrickson in The Atlantic

They renounced Trump. Will they get fellow conservatives to vote Biden? by Kara Voght in The Washington Post

A backward movie for an upside-down world, by Bilge Ebiri in Vulture

The ‘Killmonger Cut’ is everywhere in games, by Trone Dowd in IGN

Pet of the week

Want to have your pet included at the bottom of the next newsletter? Email me: gsegers@tnr.com.

This week’s featured pet is Khaleesi, submitted by Reese Gorman. She is extremely loud and demanding, and she loves to lick and have her belly rub. Khaleesi’s greatest mission in life is to kill all squirrels.