Jacob Ogles
Democrat Sarah Henry’s campaign in a new ad accuses Rep. David Smith of voting against in vitro fertilization (IVF) and birth control. But the Republican incumbent called the allegation “another lie.”
The 30-second spot, titled “IVF,” appeared on digital platforms and on TV in the Orlando market starting Sept. 19. The video ad runs as Henry seeks to unseat Smith, a three-term incumbent representing House District 38.
EMILYs List also promoted the ad in a newsletter spotlighting candidates endorsed by the group. The email said Henry’s ad shows “just what’s at stake for Floridians who need reproductive health care if her opponent state Rep. David Smith, who has voted to ban access to IVF and abortion, is reelected.”
The ad from the Henry campaign ad features a Seminole County woman identified only as Michelle sharing her personal journey conceiving children through IVF.
“The only way that I was able to start a family was if I went through in vitro fertilization,” she says, as pictures of her children appear on screen.
It goes on to level accusations against Smith.
“Politicians like David Smith are meddling in our lives and voting to end access to IVF and ban abortion and ban birth control,” she says. “He is putting so much effort into hurting people, into hurting families, into hurting women. David Smith is just cruel.”
Henry said the ad addressed a critical issue to Floridians.
“Control over our own bodies and our own healthcare decisions is one of our most fundamental rights,” she said. “I’m concerned with any and all attacks on that right, as are the vast majority of Floridians. Michelle’s story is just one example of the kinds of decisions that could and will be taken away with further single-party GOP rule in Tallahassee.”
Smith notably did vote in favor of a restriction on most abortions six weeks into pregnancy that passed in 2023. But he said assertions that he voted to ban IVF or birth control were a distortion of his record.
“Although I haven’t seen the latest misleading advertisement put out by Sarah Henry, I’m not surprised to learn my opponent is continuing to lie to HD38 constituents about my legislative record,” Smith said. “To be completely clear, I have never, nor would I ever, vote to restrict access to birth control or IVF treatment.”
The ad cites legislation (HB 651) that died before a floor vote in this year’s Legislative Session. The bill, purportedly about expanding civil liability surrounding the wrongful death of an unborn child, ran into challenges in the Senate amid fears it would put health care providers at risk for legal abortions and IVF treatments by granting “personhood” to fetuses.
Smith voted in favor of the bill in a House Civil Justice Subcommittee hearing.
Notably, sponsors of the legislation insisted at the time that Democrats wrongly tried to smear the bill as something it wasn’t. Rep. Jenna Persons-Mulicka, the Fort Myers Republican who introduced the House bill, said the legislation simply aimed to clarify that parents have a civil remedy if a negligent act results in the death of an unborn child.
“It’s about a real loss. And not a loss that was spontaneous or that just happened, but a loss that was caused by the wrongdoing of another person,” she said. “Most people I’ve talked to were shocked that we don’t already provide recovery.”
The concerns raised by Democrats ultimately led Sen. Erin Grall, a Vero Beach Republican and the bill’s Senate sponsor, to pull it this year.
Henry said Smith’s vote for the bill tells voters what they need to know.
“It’s important to highlight exactly the votes that our representation took and now stand by so that voters have a robust understanding of exactly what has passed through the committees he sits on,” Henry said.
