Florida Democrats call for federal IVF protections after Alabama court ruling

Florida Democrats held a Tuesday morning press call to warn Floridians of a bill state Republicans have shelved for now, in response to a controversial Alabama Supreme Court ruling that would jeopardize the future of in vitro fertilization treatments.

The Florida bill, which could be refiled next year, would have given any "unborn child" new protections, similar to an Alabama ruling that ruled frozen embryos to be people and anybody who destroyed them could be liable in a wrongful death lawsuit.

The state's Democrats called this another attack on reproductive rights and a way to instill fear into doctors who assist with fertilization treatments.

"I think it's important to stress that this legislation, though branded as focused on wrongful death, is really about banning abortion and it's really about creating a slippery slope to services like IVF also being restricted in this state," said state Rep. Anna Eskamani, D-Orlando. "This bill really is another way for the state to regulate pregnant Floridians."

In vitro fertilization is known as one of the most effective fertility treatments, and it uses eggs fertilized by sperm in a lab. According to the Centers for Disease Control and Prevention, about 4 million children a year are conceived this way in the United States.

Related coverage: 'Unborn child' legislation stalls in Florida Senate, may be doomed this session

Since it's such a well-known procedure, the Alabama Supreme Court's decision alarmed Democrats nationwide.

U.S. Rep. Lois Frankel said that a significant number of women are turning to fertility treatments to become pregnant. That's why Frankel, D-West Palm Beach, said she would support new legislation in Congress that would protect IVF treatments nationally.

"Our message is clear: It's about the important of reproductive freedom, it's about women being able to access the healthcare they need to be in charge of their own lives and their futures," Frankel said. "This includes access to birth control, to abortion and access to IVF."

Florida Republicans press pause on law that could affect IVF

The Alabama decision was enough to derail legislation in Florida that had easily cleared committees this legislative session, despite objections from Democrats.

This year's proposal was aimed at allowing lawsuits stemming from the wrongful death of an "unborn child," but opponents worried it would lead to lawsuits against doctors who provide legal abortions.

Republicans nationwide, however, have voiced their support for IVF, including former President Donald Trump, who said on Truth Social that under his leadership, he would want to "make it easier for mothers and fathers to have babies, not harder!"

U.S. Sen. Rick Scott, now running for reelection, agreed with Trump, saying on X, formerly Twitter, that "any attempt to restrict IVF must be rejected." U.S. Rep. Byron Donalds, a Naples Republican, also said he would "broadly support" federal protections for IVF.

Abortion rights in Florida — and the nation

Reproductive rights have been at the fore of political debate, especially with the 2024 election approaching. Since the undoing of Roe v. Wade by the U.S. Supreme Court, there have been waves of legislation and constitutional amendments guaranteeing a right to abortion on a state-by-state basis.

In Florida, that fight has been in the Legislature, but may make it on the ballot this November.

Florida lawmakers last year approved a ban on abortion after six weeks of gestation, which will go into effect if the state's Supreme Court rules in favor of the previous year's 15-week abortion ban, now under review. Justices heard oral arguments for the case in September. Until their decision, Florida operates under the 15-week limit.

Earlier this month, the Court also heard arguments for a constitutional amendment that would enshrine abortion rights in the state constitution if approved by no less than 60 percent of voters statewide.

The amendment met the requirement of having enough signatures, and is now looking for its ballot summary to be approved by the court, which will decide whether it's clear and focuses on a single subject.

Abortion ballot amendment: On Roe's 51st anniversary, abortion amendment is pending Florida Supreme Court review

This abortion amendment would also mean a lot for Democrats, who have struggled to retain seats in elected office statewide and locally. If passed, Democratic leaders say independents and Democrats will be motivated to turn out to vote, which could help narrow election gaps compared to the midterm season.

In the call, Florida Democratic Party chair Nikki Fried urged voters to support Democrats to protect reproductive rights, which includes voting for a Democratic candidate against Scott and for President Joe Biden in November.

"It's not just access to IVF or safe legal abortion that's on the line. It's access to emergency medical care, medication abortion or contraception," Fried said.

Stephany Matat is a politics reporter for The Palm Beach Post, part of the USA TODAY-Florida network. Reach her at smatat@pbpost.com. Support local journalism: Subscribe today.

This article originally appeared on Palm Beach Post: Florida Democrats call for federal protections for IVF treatments