On Feb. 21, in a shocking ruling, the Alabama Supreme Court found that frozen embryos are to be considered children under the “Wrongful Death of a Minor Act.” This means that in-vitro fertilization (IVF) clinics can have criminal and civil lawsuits filed against them for discarding or destroying any embryos, even if it is accidental. During the IVF process, more embryos than needed are often extracted, and as a result, the extras are either frozen and stored or tossed depending on what the patient wants to do with it. The passing of this law forbids clinics from doing this and opts to have embryos indefinitely stored. In their majority opinion, the court wrote, “Unborn children are ‘children’ … without exception based on developmental stage, physical location or any other ancillary characteristics.” Notably, however, the use of the word “children” is being used by these justices to push a clear conservative agenda and further the war on women’s reproductive agency.

One has to wonder if these justices even know what the IVF process is or what embryos even are. Embryos themselves are objectively not children. While one could argue that they are living, to assign them the same rights as a three-year-old, for instance, is outrageous to the point where it is comical. Instead, they are clusters of cells that may eventually form into a fetus. They have no consciousness, no heartbeat nor any defining human characteristics. The process of IVF is a complicated one in which mature eggs are extracted and fertilized by sperm in a lab, and then that embryo is inserted into the uterus. While costly, this is an amazing procedure for women struggling with fertility issues. For instance, according to Forbes Health, a 2022 study concluded that the pregnancy rate for women under the age of 30 who had completed an embryo transfer was approximately 69 percent. For many women struggling with infertility, especially those over the age of 35, IVF is their last hope and resort.

However, one by one, Alabama reproductive clinics have been suspending IVF treatments in fear of lawsuits. IVF is not a perfect science, and lab-created embryos are not guaranteed to turn into a viable pregnancy and may even take multiple rounds of treatment for success. According to statistics from the Society for Assisted Reproductive Technology, for women who are aged between 35 and 37, the success rate for IVF is approximately 38 percent. For those women aged 38 to 40, the percentage drops to approximately 25 percent and for women aged 41 to 42, it is then even lower at approximately 13 percent. Since IVF does not always work successfully in the first round, not all embryos will be viable and may need to be discarded.

This ruling has left IVF technicians scrambling for jobs and women who are currently going through the IVF process dumbfounded. In an interview with ABC News, 34-year-old Alabama native and IVF patient Jasmine York said, “We’re frustrated. Now, especially that a decision has been made to put everything on pause, I’m sad. I’ve had my moments of crying throughout the whole day and I’m angry. I’m angry that other people get to make a decision about whether or not I get to grow my family.” Here, York touches on the very crux of this issue, that the government should not have a say over an individual’s bodily autonomy.

In a concurring opinion to the decision made by the court, Chief Justice Tom Parker wrote, “The principle itself — that human life is fundamentally distinct from other forms of life and cannot be taken intentionally without justification — has deep roots that reach back to the creation of man ‘in the image of God.’ Parker and those who agree with him state that this ruling is protecting “babies” by holding people liable for the destruction of embryos. However, it has only stopped the creation of future babies via IVF. Since IVF clinics have been suspending their practices, this new ruling has been preventing women from becoming pregnant.

Additionally, it is incredibly inappropriate that Parker chose to cite the Christian Bible in his opinion. Parker and the justices who agree with him have not cited science to justify their ruling and instead have relied entirely on religious scripture that has been translated and mistranslated over centuries. This is problematic because it is common knowledge that the First Amendment of the U.S. Constitution famously calls for the separation of church and state by emphasizing that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Moreover, citing the Bible as the sole reason for creating or interpreting a law is not constitutional, and forcing your religion upon others is oppressive. Parker and those who voted in favor of this law have no respect for the document that created this country, which happens to be the document that it is their job to uphold. They work under the guise of being faith-based conservatives but, in reality, are anti-American tyrants who want to dismantle the progress this country has made.

To me, it is evident that this law is not truly about IVF, but instead about controlling women’s bodies. Ever since the overturning of Roe v. Wade in June of 2022, reproductive rights in red states have been decreasing rapidly. If the Alabama Supreme Court can get even frozen embryos to be considered life, it becomes easier for them to argue that fetuses are living as well. Regardless of your personal opinions surrounding abortion procedures, reproductive rights are not something that can be sacrificed. If you take away one right, such as abortion, the rest of reproductive rights will follow, as demonstrated by this new ruling. So now, more than ever, as the 2024 election quickly approaches, it is important to consider which candidates support women’s rights and which see women as second-class citizens.

Jordan Ori is an undeclared sophomore.

Views expressed in the opinions pages represent the opinions of the columnists. The only piece which represents the views of the Pipe Dream Editorial Board is the Staff Editorial.