Written by Emma Weber
Doctors and patients pursuing in vitro fertilization treatments (I.V.F.) in Alabama were shocked by the Alabama Supreme Court ruling that recently occurred. What has continued to unfold is a backsliding of support from Alabama Governor Kay Ivey, as lawmakers struggle to legislate the beginning of life. The all-Republican court ruled that frozen embryos can be considered children under state law. In vitro fertilization offers a possible answer for those having difficulty getting pregnant. According to The American College of Obstetricians and Gynecologists, the procedure freezes the woman’s eggs and fertilizes them in a lab with sperm from either a chosen partner or donor. Alabama legislation is serving as a case study to the attitudes plaguing America: People have no problem regulating what others can do until it infringes on their own desires.
Justice Jay Mitchell wrote in the majority ruling, “Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics.” In a concurring statement, Chief Justice Tom Parker cited the book of Genesis and the prophet Jeremiah among other theologians. He wrote, “Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.” The overwhelming response of doctors and patients seeking I.V.F. treatment reveals another side, that perhaps patients’ lives are the ones being destroyed. Since 2019, anti-abortion language has been slowly creeping into the Alabama State Constitution in order to “protect the rights of unborn children.”
When the House Bill 314, called the Human Life Protection Act, ruling was made, Ivey said, “To the bill’s many supporters, this legislation stands as a powerful testament to Alabamians’ deeply held belief that every life is precious and that every life is a sacred gift from God.” Now Ivey has signed a bill to protect doctors from potential legal liability after facing massive pressure to get services reinstated. Presumptive Republican presidential nominee Donald Trump told Fox News he would “strongly support the availability of I.V.F.” Despite this, Republicans in the Senate have blocked multiple bills proposed by Democratic Senator Tammy Duckworth of Illinois that would protect access to I.V.F. treatments.
Dr. Michael C. Allemand, a reproductive endocrinologist at Alabama Fertility who provides I.V.F. services, said after the first ruling, “The moments that our patients are wanting to have by growing their families — Christmas mornings with grandparents, kindergarten, going on the first day of school with little back-packs — all that stuff is what this is about. Those are the real moments that this ruling could deprive patients of.”
Dr. Allemand is pulling from the Christian ideals of family and tradition to fight the Christian reasons for ending I.V.F. in the first place. This seems to be a consequence of unchecked political wielding in discussions that should belong to field experts, not politicians. When one party refuses to listen until voter appeal is damaged, everyone feels the detrimental effects. No one wins when no one listens.
What I hope this article exposes is the complexity that comes with every side of any issue and the hypocrisy that flows from those who attempt to control others. Moving the line from what is “right” when it is convenient is dangerous to our society and for the very people policy is supposed to protect. We should demand that those who seek to represent us take the time to let experts inform decisions so our laws are not unintentionally ignoring the voices of people with very real concerns and feelings.
