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Floor Speech

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Mr. CRUZ. Mr. President, today I rise to speak on an issue that is incredibly personal and vital to millions of Americans--the protection of in vitro fertilization.

IVF is a medical miracle that has brought the joy of parenthood to millions of families who might otherwise have never experienced it. I am a strong supporter of IVF, and I am incredibly grateful for the technology that has enabled parents, moms and dads desperate to bring into the world little boys and little girls, to finally hold a child in their arms.

It is astounding to note that over 2 percent of all births in America each and every year come from IVF. That translates to millions of parents who have been given the chance to bring new life into the world. To date, more than 8 million babies have been born through IVF.

However, recent developments have caused some confusion and concern among parents and among those who wish to be parents. The Alabama Supreme Court's decision to recognize embryos created through IVF as children under the law has left many prospective parents worried-- understandably worried--about the future legality of IVF.

Now, the Alabama Legislature acted quickly to make clear that IVF is fully protected in the State of Alabama, but nonetheless confusion persists.

To the best of my knowledge, all 100 Senators in this body support IVF. Seeing this confusion--confusion that, unfortunately, has been fueled by Democrat partisans--I reached out to Senator Katie Britt from Alabama, and I asked Senator Britt if she would join together in drafting legislation, Federal legislation, that would be a clear, straightforward, ironclad protection for IVF.

I believe we should put into Federal law a clear and unambiguous protection to make clear that no State in the Union can ban IVF, that no local government in this country can ban IVF.

Senator Britt and I drafted this together. This bill is simple. It is straightforward. It is clear.

IVF is profoundly pro-family. It is an avenue of hope for millions struggling with infertility.

To every mom and every dad at home and to every woman and man desperately hoping to be a parent, know that our bill will ensure that IVF remains 100 percent protected by law. And this should not just be a policy or a general affirmation; this should be a clear and unmistakable Federal law.

We invite our colleagues in the Senate from both sides of the aisle to join together in supporting this crucial legislation. This should be a measure that transcends political divides.

A recent poll showed that 86 percent of Americans believe IVF should be legal and protected. This is an opportunity for us to put partisan divisions aside and to come together and unite on a shared commitment to protecting IVF.

That is why in just a moment I am going to ask unanimous consent to pass this legislation, but before I do so, I want to yield to the Senator from Alabama, Senator Britt.

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Mr. CRUZ. Mr. President, sometimes the folks at home can find what happens in parliamentary procedure on this floor confusing, so I want to explain what is about to happen. In just a moment, I am going to ask unanimous consent to pass the IVF protection bill into law. They don't want to provide reassurance and comfort to millions of parents in America because, instead, they want to spend millions of dollars running campaign ads suggesting the big bad Republicans want to take away IVF. I get why that could be good politics, but I hope Senate Democrats are not that cynical.

4368 and that the Senate proceed to its immediate consideration. I further ask that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table.

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Mr. CRUZ. Mr. President, the Senator from Washington suggested that this bill does not protect IVF. Let me read you the clear statutory language that unambiguously protects IVF:

A State shall not prohibit in vitro fertilization as defined in section 4(B) of the IVF Protection Act services and shall ensure that no unit of local government in the State prohibits such services.

That is clear. That is unambiguous. That is explicit. And that is ironclad.

Senate 100 to nothing, a strong Federal protection of IVF.

Now, Democrats know that out of 50 States, not a single State is seeking to ban IVF. They know that the threat that they plan to spend millions of dollars trying to convince the voters is real, no State is currently pursuing. They know that Alabama--whose Supreme Court started this issue--the legislature promptly came into session and acted to make clear that IVF is protected.

And the Senator from Washington asked a question. I do find it interesting. She asked a question and wanted me to answer it, but she is no longer on the Senate floor to hear my answer to the question, but I will answer it anyway. The Senator from Washington suggests that those States that pursue personhood amendments, that that is somehow inconsistent with IVF. The one problem she has is facts and reality because there are three States--Alabama, Georgia, and Missouri--all of which have adopted personhood amendments, and all of which protect IVF. So IVF is legal in Alabama. It is legal in Georgia. It is legal in Missouri.

So the Democrats maintain that IVF is in jeopardy, and yet the facts are precisely contrary. Understand why the Democrats just did what they did. Every Democrat on the ballot is going to tell the voters: If you don't vote for me, a Democrat, mean Republicans are going to come take away IVF. And I will tell you the reason they are going to say that is because the Democrats' record on abortion is extreme and out of the mainstream. Every Democrat Senator in this body has voted for legislation that would legalize abortion literally up until the moment of birth, up to and including the 39th and 40th week of pregnancy. That is radical. Only 9 percent of Americans support the extreme policy position of Senate Democrats on abortion. Ninety-one percent of Americans look at that and say: That goes too far.

Even among those Americans who call themselves pro-choice, a majority of pro-choice Americans look at the position of the Democrats, and they say: Wow. Abortion up until the moment of delivery in the ninth month of pregnancy, that is too much.

So what is the Democrats' political strategy? Don't talk about their actual record on abortion; instead, try to change the topic to, last week, contraception and this week IVF.

And they know that no State in the Union is trying to ban contraception and that no State in the Union is trying to ban IVF. Every single Senator in this body supports the right to contraception. Every single Senator in this body supports IVF being protected.

But the Democrats are counting on docile media to pick up their message and carry their message. They know that the bills we are voting on tomorrow will fail. That is not a bug; it is a feature. They want the bills tomorrow to fail. Why? Because this is all about running TV ads claiming Republicans are opposed to IVF. They know it is false.

And, by the way, one of the reasons the bills will fail tomorrow is they deliberately trample on religious liberty. You know there used be a time when there was a bipartisan commitment to religious liberty but no longer. The Democrats have decided that the First Amendment to the Constitution no longer matters.

And so the Democrats' bill would, among other things, force a Catholic hospital to provide IVF procedures, even if it was contrary to the faith of Catholic doctors performing the procedure. Now, our bill does not seek to force anyone to do anything. We all have a right to live according to our faith. So if your faith teaches you not to use IVF, as a doctor, you should have the right not to say: I am not going to participate in that.

But understand the Cruz-Britt legislation that the Democrats just cynically objected to would protect IVF for every parent in the country, and it would become Federal law, except for one thing: The Democrats do not want it to because if we pass clear, strong Federal protections for IVF, the issue that they are planning to campaign on would go away.

What we have just seen is one of the most cynical displays of partisan politics to ever occur on the Senate floor. It is designed deliberately to deceive the American voters. It is unfortunate that Democrats put politics above protecting parents and above protecting IVF.

But just remember the next time you hear a Democrat saying--and they are going to spend millions of dollars saying it--we are the ones who want to protect IVF, understand we could have passed strong Federal legislation today, but Senate Democrats don't want a protection of IVF. They want a campaign issue.
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