Alabama Rules That Frozen Embryos Are 'Children'
Alabama Rules That Frozen Embryos Are 'Children'
In a theology-heavy ruling, the Alabama Supreme Court will allow a couple to sue for the "wrongful death" of their frozen embryos obtained through IVF.
In a theology-heavy ruling, the Alabama Supreme Court will allow a couple to sue for the "wrongful death" of their frozen embryos obtained through IVF.
The Alabama Supreme Court ruled Friday that frozen embryos are children, which pro-choice rights groups have warned could have dangerous implications for fertility treatments such as in vitro fertilization.
The Alabama Supreme Court on Friday reversed Mobile County Circuit Court Judge Jill Parrish Phillips’ decision to dismiss a lawsuit in which a couple sued an Alabama fertility clinic and hospital for the “wrongful death” of their frozen embryos in a ruling that was riddled with theology. The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor. The ruling means that the couple can sue for wrongful death.
“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation,” the ruling said. “It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”
The ruling pointed to the Alabama Constitution Section 36.06, which argues that each person was made in God’s image, meaning each life has an incalculable value that “cannot be wrongfully destroyed without incurring the wrath of a holy God.”
If at any time a government document sites the “wrath of (theological deity)” it should be thrown out. Where the fuck is our separation of church and state?!?
Honest question, can someone tell me why this is being allowed in the courtroom? I’m curious what the loophole is.
It's so terrible it's hilarious. So if the Constitution says one needs to incur the wrath of God, can I say sure yeah thanks but obviously no legal repercussions by lowly humans please? I'll just take the wrath, to go.
The loophole is Alabama. Democracy = will of the people, and that's what they want.
Apparently they want no IVF, no "science", no "doctors" in their state.
*cites
Religion can influence the state. The state cannot influence religion. That's what separation of church and state actually meant in this country.
It's stupid.
If your religion influences the government, which governs me, but I do not follow your religion, you are infringing on my first amendment rights.
Alabama elects their supreme Court. Pedophile Roy Moore was elected twice.
The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor.
What the hell, how did a patient access a freezer full of other people's embryos? Shouldn't there be some kind of security around that?
There absolutely should be legal consequences for this, just not ones that rely on stupid theological arguments.
I was thinking the same thing. I once worked in a hospital, and I can't imagine patients gaining access to something like this. We needed to swipe our badge and punch in a code just to enter the lab.
So I can claim these on my state taxes, right? I can write off the fees for maintenance as child care, right?
Yes, I'd like to take the tax credit for my 30 children, please.
Yes, that would benefit living children, not potential children, and we can't have that.
So the embryos should be released because they're children being held prisoner without trial? No one can legally store embryos?
Time for child protection to raid IVF freezers.
So yeah IVF wont exist in Alabama in a few years.
EDIT: Welp, its now a few /days/ later and major hospitals and clinics in AL are already cancelling their IVF programs.
...which would disproportionately affect people unable to have children and LGBTQ+ people in Alabama.
So the Republicans would probably be happy with that outcome.
They're being abused too! A child shouldn't be stuck in a freezer! If anything that person that accidentally let them out of the freezer is a hero who rescued ten kids!
It's almost like, here me out here, embryos and children are different.
And freezing them like that is child abuse
Um so what happens if a couple pursuing IVF runs out of money, and now cannot afford to have the embryo implanted? Do the children get put in her womb for free rather than "kill" them? What if she dies? Does some other woman have to incubate them now? What if the first embryo takes? Does she need to still foster the remaining 5 embryos? This is so stupid.
There should be legal consequences for destroying someone's embryos. They're very expensive and come at a huge emotional and physical toll for the mother, as well as a lot of time.
IVF often results in multiple fertilized eggs that can develop. It's part of the process that the best will be selected and the rest discarded. Now with this ruling, patients will have to choose: either pay a huge sum to try egg by egg, or to do multiple at the same time and carry to term all that was fertilized.
It is meant to get rid of IVF.
The people making these types of laws would probably have the embryo destroyed and have the family either fined or imprisoned because they certainly don't actually care about children, just that families have them.
How long until masturbation is illegal?
Never, as it would only apply to men.
Or miscarriages.
Miscarriages are already illegal. People have already been arrested for it.
My conservative friend said jail time is the least you can do for murder.
https://www.bbc.com/news/world-us-canada-59214544
https://www.theguardian.com/us-news/2022/jun/03/california-stillborn-prosecution-roe-v-wade
Kind of reads like the state Supreme Court is saying, y’all made these rules so now y’all get to live with them.
Wait for the day where they decide cum is children just so they can criminalize everything besides penis into vagina sex.
More likely they'd just go Handmaid's Tale+ and essentially criminalize ovulation that doesn't result in pregnancy. It's closer to that step from the zeal they have for shaming single mothers when it's the father that skipped out on them.
You fool, only one of those will make it (typically). Best outlaw the act entirely and move to exclusively synthesize the process.
I thought that once they were children outside the mother the Republicans stopped caring?
So inconsistent!
They still will require a womb to be fully viable at some point. But in terms of precedents, it seems this means every frozen embryo not brought to term is a case of murder/manslaughter?
Hello can of worms.
Does this mean IVF Freezer entities can claim all those children as dependents for their tax returns?
I think they'd be child care vendors?
Alabama, making Moral Orel a reality.
Well, that is bad news for US-science, I guess. But hey, this probably won't stop big pharma anyway - because it's the US.