The Supreme Court of Alabama ruled 7-2 over the weekend that embryos created for the IVF process are protected as human beings under the state's Wrongful Death of a Minor Act, meaning that destroying unused embryos is off the table in Alabama.
The case out of Mobile will, according to those on the Left, put a halt to the IVF industry in the state.
In a case originating from Mobile, LePage v. Mobile Infirmary Clinic, Inc., the Supreme Court held in a 7-2 decision that parents of frozen embryos killed at an IVF clinic when an intruder tampered with an IVF freezer may proceed with a wrongful death lawsuit against the clinic for alleged negligence.
The Court also held that the Alabama Constitution's Sanctity of Life Amendment, ratified by Alabama voters and made law in 2018, would require the Court to interpret the law in favor of protecting the unborn. Alabama's Sanctity of Life Amendment declares in the state Constitution that it is "the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life."
The state of Alabama, since 2018, has recognized unborn babies as human beings (because they are); this ruling simply clarifies that this would include fertilized embryos held by IVF clinics.
The panic from IVF proponents is because part of the profitability for these clinics is the ability to "dispose of" [read: kill] unwanted and unused embryos.
Here's part of the majority opinion, written by Justice Jay Mitchell, as quoted in 1819 News:
"Finally, the defendants and their amicus devote large portions of their briefs to emphasizing undesirable public-policy outcomes that, they say, will arise if this Court does not create an exception to wrongful-death liability for extrauterine children. In particular, they assert that treating extrauterine children as "children" for purposes of wrongful-death liability will "substantially increase the cost of IVF in Alabama" and could make cryogenic preservation onerous," he added. "While we appreciate the defendants' concerns, these types of policy-focused arguments belong before the Legislature, not this Court. Judges are required to conform our rulings "to the expressions of the legislature, to the letter of the statute," and to the Constitution, "without indulging a speculation, either upon the impolicy, or the hardship, of the law."
Justice Mitchell recognizes that, yes, this would potentially destroy the IVF industry, but that's not the court's concern.
The embryos are children, they deserve protection.
Good on this court!
Confused lefties who don't know the difference between a fertilized embryo and sperm and egg are having a difficult time grasping this ruling.
[Graphic stuff from idiot lefties, but it's a point we have to explain]
There's a difference between sperm by themselves or an egg by itself and an intentionally created human baby. But this is the common understanding from the anti-science lefties.
Now, does this ruling impact abortion laws in Alabama?
The answer seems to be, "Not yet."
Here's analysis from the abortion abolition experts:
Abortion via clinic is already illegal in the state of Alabama; however, like the rest of the US, self-managed abortion is completely legal.
This ruling stops short of banning IVF and abortion, but it may be used as a precedent in future cases.
Once again, thank God for righteous judges in the state of Alabama.
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