Alabama IVF ruling sets a dangerous precedent

Editor’s Note: This column won 1st place in the on-site opinion writing competition at this year’s Southeastern Journalism Conference in Troy, Alabama. 

The Alabama Supreme Court recently ruled that embryos are people, “without exception.”

This ruling could form the legal basis for a nationwide abortion ban some members of our legislative government are eager to implement, which would leave pregnant patients and doctors with little to no options for reproductive care and treatments.

The decision came from a wrongful death case brought before the court by couples who had frozen embryos destroyed in an accident at a south Alabama storage facility.

Similar to the aftermath of the overturning of Roe v. Wade in June 2022, this case presents extreme challenges for healthcare professionals who must prioritize these newly implemented laws over their patients or risk prosecution.

This ruling is another offensive from the most devout members of the Republican Party who believe the rule of law should go hand in hand with religious doctrine.

Alabama Supreme Court Justice Tom Parker cited verses from the Bible and Christian theologians in his concurring opinion with the ruling, alarming abortion and church-state separation advocates alike.

Parker wrote that human life “Cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself.” 

We must believe people like Parker when they spell out so plainly what their beliefs and intentions are. This use of religious text in a courtroom is an alarming development that should worry all who value democracy and the freedoms that our constitution provides.

The consequences of this ruling have been revealed quickly, with clinics and hospitals around the state of Alabama placing a pause on in vitro fertilization (IVF) treatments out of fear that doctors and patients alike could be subject to criminal prosecution.

The largest hospital system in Alabama, The University of Alabama at Birmingham, was one of the first to institute this pause on treatment and other hospitals and treatment centers have followed suit.  

Doctors cannot treat their patients properly if they are contending with potential criminal charges from their state.

In Alabama, healthcare professional’s hands are tied.

Patients receiving IVF treatment are now left scrambling to get their embryos out of state but are faced with the problem of finding transport companies willing to take on the risk and potential charges of such a move.

This leaves doctors and patients with few options, which is the root of the problem: the removal of choice.

People like Tom Parker want to implement a system that removes all agency and personal decision-making regarding reproductive rights. The end goal is a country where the word of God is law but that law is interpreted by and on behalf of those already in power, regardless of the beliefs and opinions of the citizens they represent.

Alabama may have been the first to rule on this case, but it will not be the last. Supreme Courts in states around the country will be filled with similar cases that can use this ruling as legal precedent to modify their own laws, which could see the removal of IVF entirely.  

Removing IVF treatments would mark another victory for those who seek to strip American citizens of their rights and their ability to have a say in their own healthcare.

IVF treatments are often the last resort for people who want to have children of their own and this ruling has made it so that fewer people will risk trying it at all.

We are a nation that prides itself on personal freedoms and that freedom should not be taken away when someone enters a clinic.



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