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The Courts

Frozen Embryos Are 'Children,' According To Alabama's Supreme Court (arstechnica.com) 557

An anonymous reader quotes a report from Ars Technica: The Alabama Supreme Court on Friday ruled that frozen embryos are "children," entitled to full personhood rights, and anyone who destroys them could be liable in a wrongful death case. The first-of-its-kind ruling throws into question the future use of assisted reproductive technology (ART) involving in vitro fertilization for patients in Alabama -- and beyond. For this technology, people who want children but face challenges to conceiving can create embryos in clinical settings, which may or may not go on to be implanted in a uterus.

In the Alabama case, a hospital patient wandered through an unlocked door, removed frozen, preserved embryos from subzero storage and, suffering an ice burn, dropped the embryos, killing them. Affected IVF patients filed wrongful-death lawsuits against the IVF clinic under the state's Wrongful Death of a Minor Act. The case was initially dismissed in a lower court, which ruled the embryos did not meet the definition of a child. But the Alabama Supreme Court ruled that "it applies to all children, born and unborn, without limitation." In a concurring opinion, Chief Justice Tom Parker cited his religious beliefs and quoted the Bible to support the stance.

"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," Parker wrote. "Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory." In 2020, the US Department of Health and Human Services estimated that there were over 600,000 embryos frozen in storage around the country, a significant percentage of which will likely never result in a live birth.
The result of this ruling "could mean that any embryos that are destroyed or discarded in the process of IVF or afterward could be the subject of wrongful death lawsuits," notes Ars. [According to national ART data collected by the Centers for Disease Control and Prevention, the percentage of egg retrievals that fail to result in a live birth ranges from 46 percent to 91 percent, depending on the patient's age. Meanwhile, the percentage of fertilized egg or embryo transfers that fail to result in a live birth range from 51 percent to 76 percent, depending on age.]

"The ruling creates potentially paralyzing liability for ART clinics and patients who use them. Doctors may choose to only attempt creating embryos one at a time to avoid liability attached to creating extras, or they may decline to provide IVF altogether to avoid liability when embryos do not survive the process. This could exacerbate the already financially draining and emotionally exhausting process of IVF, potentially putting it entirely out of reach for those who want to use the technology and putting clinics out of business."
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Frozen Embryos Are 'Children,' According To Alabama's Supreme Court

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  • WINNING! (Score:5, Insightful)

    by Anonymous Coward on Tuesday February 20, 2024 @11:36PM (#64256096)

    Separation of church and state no longer exists! Christianity has won! Praise Jeebus!

    • Re:WINNING! (Score:5, Insightful)

      by Immerman ( 2627577 ) on Wednesday February 21, 2024 @12:10AM (#64256142)

      The extra scary part is that make it obvious that they don't actually believe their own religion.

      If the act invokes the wrath of God, then why do we have to worry about it? Do they not trust God to be able to exact his own vengeance?

      Or are they like chihuahuas running in a dog pack - utterly useless, but with an inferiority complex ten times their size that makes them try to start shit with anyone and everyone, while the real dogs are just chilling?

      • Re:WINNING! (Score:5, Interesting)

        by H3lldr0p ( 40304 ) on Wednesday February 21, 2024 @01:05AM (#64256206) Homepage

        I figure you already know the answer to your questions, but I feel the need to expound on the obvious.

        These evangelicals are apostates. They're heretics.

        For them Jesus isn't a lamb. He doesn't turn the other cheek. He doesn't forgive, he condemns. He isn't the fulfillment of the mercy of Yahweh, he is the vengeance.

        See a pattern yet?

        At some point it becomes a different religion and I think we're well past that point. They no longer believe in the same fundamentals which underlay the religion they claim.

        • That's the reason why they don't love but fear god. They're afraid that he, and even more Jesus, could actually be real and show them what he thinks of what they did out of his message.

        • Re:WINNING! (Score:5, Insightful)

          by gweihir ( 88907 ) on Wednesday February 21, 2024 @03:50AM (#64256426)

          Almost no group of religious fuckups tries to actually understand their religion. To most it is just being part of a group with power.

        • Re:WINNING! (Score:5, Interesting)

          by gtall ( 79522 ) on Wednesday February 21, 2024 @06:21AM (#64256622)

          That view of Jesus comes directly from The Apocalypse. The whiny evangelicals read that and presume it is talking about now. Every few centuries, the reigning evangelicals think it is talking about their time. The Apocalypse is a member of a genre of literature, there are many of them and some are from the same time frame. The Apocalypse is actually talking about the Roman Empire sometime after the Jewish temple was destroyed circa 70 AD. The Jesus of the Apocalypse bears no resemblance to the Jesus of the three synoptic Gospels (Mathew, Mark, and Luke). The gospel according to John came to us after the writer had a tour through the Land of Funny Mushrooms.

          For a good time, take the synoptic Gospels and read them side by side rather than from front to back. Compare what goes on, the contradictions are particularly striking. And they are filled with...well, let's just say literary license. They are the biopics of their time, and biopics of that time were not historically accurate. Writers would frequently make stuff up to fill in what they thought the life of the subject was like. In that sense, they were not lying, but gaps in the stories are spackelled over. The writers were writing (Mark: circa 75 AD, Mathew: circa 80 AD, Luke: circa 90 AD, John: in Mushroom Land, so they were not even disciples or one of the 12 apostles of Jesus) about stories they had heard. And the versions we have are not the originals, but copies of copies of copies, and scribes would alter the text frequently because they could make no sense of the copy they were working with. So they'd alter it to fit their own understanding.

          Jesus himself was an apocalyptic preacher who thought the End-O-World was nigh, and one needed to repent lest it catches one in a flagrante delicto. The Essenes were also apocalypticists...it was a rather popular view back then. He also never claimed to be the Son-O-G-d. And being a good Jewish boy, that would have been heresy and would have been stoned to death if he had claimed to be THE Son-O-G-d. The Son-O-G-d label was used at that time and before to claim someone was "of G-d" to whom G-d spoke personally. Hell, even David and Solomon were called sons of G-d. Evangelicals read that Son-O-G-d label in the Bible and repeat the same misconception that the writers had. And the texts were originally written in Greek by people who had little understanding of Jewish culture (except for Paul). Jesus likely spoke Aramaic and he and his followers were illiterate rubes from Galilee.

      • Re:WINNING! (Score:5, Informative)

        by ArchieBunker ( 132337 ) on Wednesday February 21, 2024 @02:13AM (#64256274)

        The extra scary part is that make it obvious that they don't actually believe their own religion.

        They consider Jesus "too woke" now. https://newrepublic.com/post/1... [newrepublic.com]

        • Re:WINNING! (Score:5, Informative)

          by monkeyxpress ( 4016725 ) on Wednesday February 21, 2024 @06:11AM (#64256608)

          The extra scary part is that make it obvious that they don't actually believe their own religion.

          They consider Jesus "too woke" now. https://newrepublic.com/post/1... [newrepublic.com]

          This is not a new thing. I was involved with the evangelical church back in the 2000s when the big thing was hating on gay people. Apparently gay people, and gay marriage specifically, was going to cause the downfall of western society. One church leader blamed them for causing a devastating earthquake (the loving God's judgement of course).

          The way all the 'hate' was justified was with the concept that they were hating the 'sin' not the person. So when the church was telling gay people how they were an abomination and would burn in hell, it was because the church loved them so much. A similar thing happened before that with the whole 'tough love' thing for raising children where you basically emotionally abused them but it was actually because you 'loved' them so much - just talk to any child of the 90s who had deeply religious parents and they will be able to explain the trauma.

          I actually think the evangelical church is full of many very good, well meaning people, but most of them are emotionally dysfunctional and have a lot of personal issues. The big problem is that the leaders of these churches are almost always sociopaths and having masses of vulnerable people under their control is basically a wolf running a support group for troubled sheep. I find it really sad, but without a formal regulatory structure I don't see how you prevent this. The hierarchal nature of the church attracts sociopathic leaders, and these people are extremely skilled at attracting, isolating and manipulating vulnerable members of society.

          There are some good churches out there that support the vulnerable in their local communities. If I could get past the suspension of intellect required to believe in the sky god who has to kill himself to save us, then I wouldn't mind being involved in one again, but ironically, this aspect of church means that emotionally balanced and rational people are generally driven away.

          • I always loved the "god sends natural disasters to fuck up the sinners" thinking.

            I lived in Oklahoma- Tornado Alley. It's quite clear what part of the country God hates.
          • Back in the day, Disney had a rainbow celebration day at their theme park in Orlando FL. One of the Virginia-based evangelicals, either Jerry Falwell or Pat Robertson, said God would punish Disney for such sin, with tornadoes, or earthquakes, or hurricanes. The very next hurricane headed ashore in Virginia. I took that to indicate divine displeasure with self-serving leaders of Evangelical churches.

      • Re:WINNING! (Score:5, Insightful)

        by monkeyxpress ( 4016725 ) on Wednesday February 21, 2024 @06:26AM (#64256630)

        The extra scary part is that make it obvious that they don't actually believe their own religion.

        I know it sounds trite, but the bible is essentially a huge document full of abstract allegories. Other than being quite consistently homophobic, it is a massive tangle of contradictions. This means you can pretty much make it say whatever you want. Especially once you accept that you cannot take most of what it say literally because it is so falsifiably wrong (except, apparently the creation story...). The fundamental tenets of christianity are basically like believing in the tooth fairy, and pretty much inconsequential on a practical level (sky god exists, came up with the plan to make us kill himself to save us). The rest of the religious practices comes from the historical way in which the bible has been interpreted by various 'leaders' starting with Paul.

        If the act invokes the wrath of God, then why do we have to worry about it? Do they not trust God to be able to exact his own vengeance?

        When I was involved in the church the basis for trying to do something about it was that we were supposed to be the 'salt' of the earth and the bring god's kingdom to earth. I guess you need something like that, or it just becomes a death cult and you might as well get killed as soon as you convert so you can immediately go to heaven. A similar theological problem crops up around grace (if god forgives you then just keep sinning). This technical problem is likely where calvinism came from.

    • Yeah, if you start using religious dogma as a basis of actual case law (which will be used as precedent in future cases), is it that different from Sharia?

  • "...then an acorn is an oak tree." --Judith Jarvis Johnson

  • by tiberiandusk ( 894649 ) on Tuesday February 20, 2024 @11:49PM (#64256102) Journal
    are dangerously insane and won't rest until everyone is forced to enable their insanity. They are a well funded loony bin.
    • by Baron_Yam ( 643147 ) on Wednesday February 21, 2024 @12:00AM (#64256118)

      I'll never completely trust a religious person - they are irrational. The whole basis of their worldview is believing things an authority figure told them were true, and denying any evidence that those things aren't actually true... and there's a lot of evidence, combined with a complete lack of evidence supporting their beliefs, yet they persist in them. Across generations.

      If there weren't so many religious folks, we'd consider religion a sign of mental illness and urge them to get treatment.

    • I learned long ago that going along with religious nutters doesn't satisfy them for long. They will always be one step ahead of you on the insanity.

  • Tax shelter (Score:5, Interesting)

    by brunes69 ( 86786 ) <[slashdot] [at] [keirstead.org]> on Tuesday February 20, 2024 @11:51PM (#64256106)

    If embryos are people, and entitled to "full person rights", then can I claim them as dependants?

    • by Ksevio ( 865461 )

      Raises a lot of questions - can they start driving 16 years after they were fertilized?

    • Re:Tax shelter (Score:5, Interesting)

      by sjames ( 1099 ) on Wednesday February 21, 2024 @12:10AM (#64256138) Homepage Journal

      If a couple begin the process of IVF and then suffer a financial setback, can they get medicaid to pay the storage fees on their un-implanted embryos? They are after all apparently children and entitled to aid. Does the state have the courage (and wallet) of it's convictions?

      Will the state mandate that all frozen embryos must be implanted sooner or later? Will it find foster mothers and pay for the implantation if the egg donor dies?

      • Re: Tax shelter (Score:4, Interesting)

        by OrangeTide ( 124937 ) on Wednesday February 21, 2024 @12:43AM (#64256178) Homepage Journal

        There are, sadly, weird charities that will pay for embryo storage. My Dad used to work in a fertility clinic that had to walk a fine line in a religious community. The company made a point of having very prolife marketing literature. And to their credit they rarely had an terminations. But they also implant some nonviable embryos with viable ones in order not to destroy the embryos.

        As if God is only powerful enough to work in a uterus. Religion makes people do some wacky mental gymnastics in order to satisfy the gap between belief and reality.

      • by ShanghaiBill ( 739463 ) on Wednesday February 21, 2024 @01:48AM (#64256250)

        The parents can drop the cryogenic flask in a "safe haven" box at any fire station in Alabama.

        Then they are wards of the state.

    • If embryos are people, and entitled to "full person rights", then can I claim them as dependants?

      In Georgia you can. Presumably you can take out life insurance on them too in case they miscarry? Waiting to see about that one.

      https://www.washingtonpost.com... [washingtonpost.com]

  • Embryos-are-children has been the position of the far right for at least two decades now.
  • by clawsoon ( 748629 ) on Tuesday February 20, 2024 @11:57PM (#64256110)
    There have been estimates [biorxiv.org] that the majority of fertilizations end in miscarriage without the woman ever knowing she was pregnant. If the ending of a pregnancy effaces the glory of God, then God must be a self-effacing sort of fellow.
  • by zamboni1138 ( 308944 ) on Wednesday February 21, 2024 @12:26AM (#64256162)

    What do Lawyers and Sperm have in common?

    1 in 3,000,000 have a chance of becoming a human being.

  • by Equuleus42 ( 723 ) on Wednesday February 21, 2024 @12:49AM (#64256184) Homepage

    So if corporations are people, and embryos are children, does that mean that corporations can have children if they purchase unused embryos from IVF clinics?

  • by Eunomion ( 8640039 ) on Wednesday February 21, 2024 @01:24AM (#64256220)
    Embryos are not people. That is a physical goddamn fact, not an opinion. Law divorced from truth has no authority.
  • So... (Score:5, Funny)

    by Turkinolith ( 7180598 ) on Wednesday February 21, 2024 @01:32AM (#64256224)
    If someone kicks me in the nuts in Alabama can I sue them for child endangerment?
  • by fahrbot-bot ( 874524 ) on Wednesday February 21, 2024 @02:51AM (#64256328)

    People can now claim these "children" on their tax returns and the state of Alabama can get a bump in their census and more Representatives in Congress.

    /cynical /sarcasm

  • Alabama (Score:5, Insightful)

    by christoban ( 3028573 ) on Wednesday February 21, 2024 @02:57AM (#64256338)

    I think the key word here is "Alabama." Best policy is not to ever go there. If you find yourself in Alabama, GTFO.

  • Yep, sure (Score:5, Informative)

    by gweihir ( 88907 ) on Wednesday February 21, 2024 @03:21AM (#64256376)

    And a fertilized egg is too! As 80% of all fertilized eggs are aborted by the body naturally, everybody having unprotected sex is obviously real (80%) or attempted (20%) responsible for a wrongful death and needs to go behind bars for a long, long time!

    In other news, the religous fuckups are getting even more stupid and disconnected from reality. Having a religious state is a throwback to the dark ages and having a judge quote the bible is about as bad as it gets in failure. Next up: Religious police that likes to beat people to death if they do not follow some arbitrary ridiculous rules.

  • by bigjocker ( 113512 ) * on Wednesday February 21, 2024 @03:25AM (#64256384) Homepage

    ⦠people in Alabama have started celebrating their birthday the day their parents got frisky after that barbecue

  • by Bu11etmagnet ( 1071376 ) on Wednesday February 21, 2024 @03:27AM (#64256388)

    What's next, classing surgery as Assault with a Deadly Weapon?

  • by Tablizer ( 95088 ) on Wednesday February 21, 2024 @04:01AM (#64256440) Journal

    Let them secede. If somebody tries to pull a Lincoln 2.0 to stop them, I'll make them eat their tall hat.

  • A 'Christian' (Score:5, Interesting)

    by NotEmmanuelGoldstein ( 6423622 ) on Wednesday February 21, 2024 @06:04AM (#64256592)

    "... lives cannot be destroyed without effacing his glory."

    So, he objects to the death-penalty?

    Nope, in 2006, he publicly complained when a child was excused from the death-penalty.

    Murder is wrong only before the child is born, obviously: His anti-abortion stance is well-known. And his "states rights" stance, claiming in 2006, the US supreme court doesn't overrule state precedents.

    Just another 'Christian' preaching moral values he doesn't believe.

    • Re:A 'Christian' (Score:5, Insightful)

      by Opportunist ( 166417 ) on Wednesday February 21, 2024 @06:27AM (#64256634)

      “Boy, these conservatives are really something, aren't they? They're all in favor of the unborn. They will do anything for the unborn. But once you're born, you're on your own. Pro-life conservatives are obsessed with the fetus from conception to nine months. After that, they don't want to know about you. They don't want to hear from you. No nothing. No neonatal care, no day care, no head start, no school lunch, no food stamps, no welfare, no nothing. If you're preborn, you're fine; if you're preschool, you're fucked.”
      -- George Carlin

  • by DaveyJJ ( 1198633 ) on Wednesday February 21, 2024 @09:44AM (#64256938) Homepage

    The question goes like this ...

    You're in the middle of a fertility clinic when a fire breaks out. Two long corridors stretch out on either side of you.

    Down one corridor is a 7 year old child screaming at you to save her. Down the other corridor is a tray of 100 frozen embryos.

    You only have the time to run down one corridor and get out safely. Which corridor do you run down?

    I guess politicians in Alabama would grab the tray of frozen embryos and let the kid die. I mean, 100 to 1, am I right?

    The fact that they quoted any one religious text to make this decision means they do not understand law.

  • by StormReaver ( 59959 ) on Wednesday February 21, 2024 @09:58AM (#64256964)

    It's time to impeach those Justices for gross violation of their duties. This ruling violations section 7 of the Alabama Constitution:

    "Section 7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship; and no religious test shall ever be required as a qualification to any office or public trust under this State."

  • by InterGuru ( 50986 ) <(jhd) (at) (interguru.com)> on Wednesday February 21, 2024 @10:35AM (#64257066)
    A side effect of IVF is the destruction of thousands of viable embryos. It was developed before the current anti-abortion movement, which has the belief that an embryo deserves the same protection as a person, took root. They have ignored IVF until now because, I suspect, it is so popular and accepted. This is the first shot across the bow for the IVF procedure. This ruling will drive another nail into the political coffin the the anti-abortion movement.

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