On February 16th, the Alabama Supreme Court ruled that frozen human embryos are people, “extrauterine children,” so In Vitro Fertilization (IVF) clinics destroying unused frozen fertilized eggs are guilty of wrongful death of a minor under state law. The decision cites the Alabama State Constitution, the Fourteenth Amendment, Blackstone, Genesis, Jeremiah, Thomas Aquinas, John Calvin, Petrus Van Mastricht, and Merriam-Webster’s Collegiate Dictionary. This ruling overturns those of two lower state courts. Alabama Supreme Court members are elected in statewide elections, and all are Republicans.
Technically, the biological items in the case are blastocysts, clusters of cells 1.0mm to 2.0mm (0.0394 inches to 0.079 inches) in size, produced about 5 days after fertilization. A successfully implanted blastocyst isn’t considered a fetus until after the 8th or 9th week of pregnancy.
IVF clinics are understandably freaking out, since they sort through patients’ blastocysts to find ones most likely to produce successful pregnancies and screen for genetic abnormalities. Surplus blastocysts are often discarded as medical waste or used for research or medical treatment. Keeping all such unused matter frozen in perpetuity would be impossible, unless the state’s Supreme Court wants to pay for it.
To put things in perspective, in unassisted natural reproduction, most eggs (70%) are not fertilized; of those that are and develop into blastocysts, half do not implant in the uterus. Many fetuses don’t come to term and get delivered as actual living, breathing human babies. But when fundamentalist judges practice medicine, life begins at conception.
The ruling is not just bad science, bad medicine and bad law, it’s bad politics. The U.S. fertility services market is $7.9 billion annually, and wields considerable influence. And while many abortion patients are low income, minority single mothers, 75% of IVF patients are well-off and white, with much more political clout. Take away their hope like this, and they’re bound to use it.
More:
“Alabama Supreme Court rules frozen embryos are children, cites the Bible in opinion,” Josh Moon, Alabama Political Reporter
“Alabama Supreme Court Ruling Compromises Access to IVF,” Veronica Salib, Life Sciences Intelligence
“Alabama patient says embryo ruling has ‘derailed a lot of hope’ as hospital halts IVF treatments,” Sara Moniuszko and Meg Oliver, CBS News
“’Extrauterine Children’ and Other Nonsense Wrought by the Fetal Personhood Movement,” Joanna L. Grossman and Sarah Corning, Verdict
“The Alabama Chief Justice Who Invoked God in Deciding the Embryo Case,” Rick Rojas, New York Times
“Alabama ushers in the theocracy,” Ruth Marcus, Washington Post
“Republicans Increasingly Reveal They Barely Know Where Babies Come From,” Nicole Lafond, TPM
Related:
“It is worth repeating: ‘life begins at conception’ is a religious, not scientific, concept,” Richard J. Paulson, MD, M.S, Fertility & Sterility Reports
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Image ( “Bama Blastocyst On Board”) by Mike Licht. Download a free copy here. Creative Commons license; credit Mike Licht, NotionsCapital.com
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