The Alabama Supreme Court handed down a decision on Friday that found that frozen embryos outside the womb are “children," which is one of the most aggressive pro-life rulings in the nation.
The problem with this ruling is it raises serious concerns about the future of IVF treatments in Alabama, and other states that may adopt a similar standard.
In vitro fertilization is the process of extracting an egg from a mother and implanting it with sperm in a lab before it is implanted back in the mother.
The treatment is one way for couples that have trouble conceiving to have children as it has been effective in dealing with a host of conception problems.
However, with the new ruling, the treatment could be rendered illegal as fertilized eggs are now considered "children."
Justice Jay Mitchell wrote the majority opinion citing an 1872 law allowing civil lawsuits for the wrongful death of children which didn't have an exception for fertilized embryos.
Mitchell also cited Alabama's 2018 state constitutional amendment which was written to “ensure the protection of the rights of the unborn child."
Mitchell's opinion stated that, "The upshot here is that the phrase ‘minor child’ means the same thing in the Wrongful Death of a Minor Act as it does in everyday parlance: ‘an unborn or recently born’ individual member of the human species, from fertilization until the age of majority. Nothing about the Act narrows that definition to unborn children who are physically ‘in utero.’ Instead, the Act provides a cause of action for the death of any ‘minor child,’ without exception or limitation."
The Supreme Court's argument is that current law dictated the court's findings and no amount of disagreement with the decision changes the fact that Alabama's law is in need of modification if IVF treatments are to continue.
Most rulings involving abortion are typically controversial thanks to the polarization on the topic and this decision was no different.
This ruling has left both sides of the abortion argument unhappy. Alabama Governor Kay Ivey (R) responded to the court's decision by endorsing planned legislation that would protect IVF treatments statewide.
Ivey issued a statement saying, "Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life. This certainly includes some couples hoping and praying to be parents who utilize IVF. Republican colleague in the Legislature Senator Tim Melson, along with Senate and House members, are working on a solution to ensure we protect these families and life itself."
Democrats wasted no time in attacking the ruling despite failing to understand that the Alabama Supreme Court did exactly what it was supposed to.
The Alabama Supreme Court, and any other court, is responsible for interpreting existing law, not creating new laws. It is the fault of Alabama's legislature that this situation occurred and the justices on Alabama's court demonstrated that they understand exactly what they are supposed to do.
