this post was submitted on 19 Feb 2024
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In a theology-heavy ruling, the Alabama Supreme Court will allow a couple to sue for the "wrongful death" of their frozen embryos obtained through IVF.

The Alabama Supreme Court ruled Friday that frozen embryos are children, which pro-choice rights groups have warned could have dangerous implications for fertility treatments such as in vitro fertilization.

The Alabama Supreme Court on Friday reversed Mobile County Circuit Court Judge Jill Parrish Phillips’ decision to dismiss a lawsuit in which a couple sued an Alabama fertility clinic and hospital for the “wrongful death” of their frozen embryos in a ruling that was riddled with theology. The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor. The ruling means that the couple can sue for wrongful death.

“[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation,” the ruling said. “It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”

The ruling pointed to the Alabama Constitution Section 36.06, which argues that each person was made in God’s image, meaning each life has an incalculable value that “cannot be wrongfully destroyed without incurring the wrath of a holy God.”

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[–] Colors 138 points 9 months ago (5 children)

If at any time a government document sites the “wrath of (theological deity)” it should be thrown out. Where the fuck is our separation of church and state?!?

Honest question, can someone tell me why this is being allowed in the courtroom? I’m curious what the loophole is.

[–] randoot 40 points 9 months ago

It's so terrible it's hilarious. So if the Constitution says one needs to incur the wrath of God, can I say sure yeah thanks but obviously no legal repercussions by lowly humans please? I'll just take the wrath, to go.

[–] [email protected] 17 points 9 months ago

The loophole is Alabama. Democracy = will of the people, and that's what they want.

Apparently they want no IVF, no "science", no "doctors" in their state.

[–] [email protected] 11 points 9 months ago
[–] [email protected] 1 points 9 months ago

Alabama elects their supreme Court. Pedophile Roy Moore was elected twice.

[–] [email protected] 98 points 9 months ago

The couple’s frozen embryos were destroyed after a hospital patient who accessed the freezer that held the embryos dropped them on the floor.

What the hell, how did a patient access a freezer full of other people's embryos? Shouldn't there be some kind of security around that?

There absolutely should be legal consequences for this, just not ones that rely on stupid theological arguments.

[–] bhamlin 74 points 9 months ago (2 children)

So I can claim these on my state taxes, right? I can write off the fees for maintenance as child care, right?

[–] [email protected] 47 points 9 months ago

Yes, I'd like to take the tax credit for my 30 children, please.

[–] Wilzax 28 points 9 months ago* (last edited 9 months ago) (1 children)
[–] [email protected] 39 points 9 months ago

Yes, that would benefit living children, not potential children, and we can't have that.

[–] TheGrandNagus 59 points 9 months ago (1 children)

Jesus fucking Christ. Just when I thought these people couldn't get any more insane, shit like this springs up.

[–] [email protected] 32 points 9 months ago* (last edited 9 months ago)

It's Alabama. The entire infrastructure for the state is set up to retard any kind of progress for its residents.

[–] Angry_Zombie 48 points 9 months ago (3 children)

So the embryos should be released because they're children being held prisoner without trial? No one can legally store embryos?

[–] [email protected] 33 points 9 months ago* (last edited 9 months ago)

Time for child protection to raid IVF freezers.

So yeah IVF wont exist in Alabama in a few years.

EDIT: Welp, its now a few /days/ later and major hospitals and clinics in AL are already cancelling their IVF programs.

[–] [email protected] 18 points 9 months ago* (last edited 9 months ago)

They're being abused too! A child shouldn't be stuck in a freezer! If anything that person that accidentally let them out of the freezer is a hero who rescued ten kids!

It's almost like, here me out here, embryos and children are different.

[–] fluxion 14 points 9 months ago

And freezing them like that is child abuse

[–] ChexMax 33 points 9 months ago (3 children)

Um so what happens if a couple pursuing IVF runs out of money, and now cannot afford to have the embryo implanted? Do the children get put in her womb for free rather than "kill" them? What if she dies? Does some other woman have to incubate them now? What if the first embryo takes? Does she need to still foster the remaining 5 embryos? This is so stupid.

There should be legal consequences for destroying someone's embryos. They're very expensive and come at a huge emotional and physical toll for the mother, as well as a lot of time.

[–] [email protected] 13 points 9 months ago

IVF often results in multiple fertilized eggs that can develop. It's part of the process that the best will be selected and the rest discarded. Now with this ruling, patients will have to choose: either pay a huge sum to try egg by egg, or to do multiple at the same time and carry to term all that was fertilized.

[–] Maalus 9 points 9 months ago

It is meant to get rid of IVF.

[–] [email protected] 8 points 9 months ago

The people making these types of laws would probably have the embryo destroyed and have the family either fined or imprisoned because they certainly don't actually care about children, just that families have them.

[–] [email protected] 27 points 9 months ago (2 children)

How long until masturbation is illegal?

[–] Kaput 10 points 9 months ago

Never, as it would only apply to men.

[–] hperrin 9 points 9 months ago (1 children)
[–] [email protected] 18 points 9 months ago (1 children)

Miscarriages are already illegal. People have already been arrested for it.

My conservative friend said jail time is the least you can do for murder.

https://www.bbc.com/news/world-us-canada-59214544

https://www.theguardian.com/us-news/2022/jun/03/california-stillborn-prosecution-roe-v-wade

[–] [email protected] 9 points 9 months ago (1 children)

Why is that "person" still your friend?

[–] [email protected] -1 points 9 months ago (2 children)

That's a good question. Maybe I can convert him idk. We go on hikes occasionally and despite his conservative views, he's alright. Dude also wants to be a doctor in the future 😬

[–] [email protected] 12 points 9 months ago (1 children)

I hope he doesn't succeed. I can just imagine the bad advise he'll give under the guise of religion and extremist views.

[–] [email protected] 3 points 9 months ago

Yeah he's told me some stuff about evolution and how it's probably wrong. I totally forgot what he said.

[–] [email protected] 4 points 9 months ago (1 children)

I mean this in the kindest way: please reevaluate your definition of "alright". Maybe to not include people who think women who miscarry are murderers.

[–] [email protected] 2 points 9 months ago

I mean if you hung out with him and never asked for his political views then he's a fun guy to hang out with. But now that you know, it just keeps bothering you how someone could be so twisted.

[–] PeterPoopshit 23 points 9 months ago (2 children)

Wait for the day where they decide cum is children just so they can criminalize everything besides penis into vagina sex.

[–] [email protected] 13 points 9 months ago* (last edited 9 months ago)

More likely they'd just go Handmaid's Tale+ and essentially criminalize ovulation that doesn't result in pregnancy. It's closer to that step from the zeal they have for shaming single mothers when it's the father that skipped out on them.

[–] [email protected] 8 points 9 months ago

You fool, only one of those will make it (typically). Best outlaw the act entirely and move to exclusively synthesize the process.

[–] esc27 22 points 9 months ago

Kind of reads like the state Supreme Court is saying, y’all made these rules so now y’all get to live with them.

[–] [email protected] 22 points 9 months ago* (last edited 9 months ago) (1 children)

Shit, can I claim them on my taxes?

[–] HeyThisIsntTheYMCA -2 points 9 months ago (1 children)

How badly do you want to be audited?

[–] [email protected] 6 points 9 months ago (1 children)

The state is saying they are people, not me. I'm just using their stupid laws.

[–] HeyThisIsntTheYMCA 0 points 9 months ago (1 children)

I'll give you an example: how do you legally define resident?

[–] [email protected] 1 points 9 months ago

They're residing in my garage freezer aren't they?

[–] [email protected] 17 points 9 months ago

Hello can of worms.

[–] [email protected] 17 points 9 months ago (1 children)

I thought that once they were children outside the mother the Republicans stopped caring?

So inconsistent!

[–] [email protected] 7 points 9 months ago

They still will require a womb to be fully viable at some point. But in terms of precedents, it seems this means every frozen embryo not brought to term is a case of murder/manslaughter?

[–] [email protected] 15 points 9 months ago (1 children)

Does this mean IVF Freezer entities can claim all those children as dependents for their tax returns?

[–] HeyThisIsntTheYMCA 2 points 9 months ago

I think they'd be child care vendors?

[–] inclementimmigrant 13 points 9 months ago

Alabama, making Moral Orel a reality.

[–] DandomRude 3 points 9 months ago* (last edited 9 months ago)

Well, that is bad news for US-science, I guess. But hey, this probably won't stop big pharma anyway - because it's the US.