Alabama Court Affirms, Life Begins At Fertilization

A lawsuit which resulted in a ruling by Alabama’s Supreme Court that human embryos are indeed children, was initiated by three couples in a wrongful death lawsuit against the Center for Reproductive Medicine and Mobile Infirmary Medical Center for the accidental destruction of their embryos.

The unborn children died when a patient in the “fertility clinic” accessed the storage area where the couple’s embryos were, grabbed them and accidentally dropped them. The parents of these children made the case that the tragedy was covered under Alabama’s Wrongful Death of a Minor Act.

Alabama Justice Jay Mitchell gave the majority opinion which held that an unborn child, under the Alabama Supreme Court, constitutes a “minor child” under the state’s wrongful death statute—regardless of stage of embryonic or fetal development. In a rather fascinating and barely covered portion of this case is how neither the plaintiffs nor defendants contested this understanding.

Mere days after the Court recognized these human embryos as children, “fertility clinics” started announcing that there would be a pause on IVF operations to determine if staying in operation would get them into legal trouble.

Section 36.06 of Alabama’s Constitution “acknowledges, declares, and affirms 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,” as well as to “ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.”

Lila Rose, president and founder of Live Action, a national pro-life organization, stated in a press release:

“This decision made by the Alabama Supreme Court affirms the scientific reality that a new human life begins at the moment of fertilization. Each person, from the tiniest embryo to an elder nearing the end of his life, has incalculable value that deserves and is guaranteed legal protection. This ruling, which involved a wrongful-death claim brought by parents against a fertility clinic that negligently caused the death of their children, rightly acknowledged the humanity of unborn children created through in vitro fertilization (IVF) and is an important step towards applying equal protection for all.”

Justice Jay Mitchell stated that the “sweeping and unqualified” Wrongful Death of a Minor Act “applies to all unborn children, regardless of their location.”

“It applies to all children, born and unborn, without limitation. 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.”

DEEP DIVE (this section is meant for those seeking additional details to the story):

Chief Justice Tom Parker gave the concurring opinion which had those on the left up in arms as he discussed an Amendment to the Alabama Constitution that came into place in 2018. The Amendment states: “This state acknowledges, declares, and affirms 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 predominant issue leftist had with Parker’s opinion was with the word “sanctity.”

Chief Justice Parker said that “sanctity” cannot be understood in anything other than a religious context, namely the Judeo-Christian tradition. He noted how the “sanctity” of human life is a concept that is rooted in the creation of man being made “in the image of God.”

Parker quoted several Scriptures, as well as sayings by famous religious figures, pointing to the book of Jeremiah and the verse which states, “When I had not yet formed you in the womb, I knew you.”

The left has come out in force decrying both the case itself but also, Parker’s use of Scripture in his concurrence, by trying to paint those involved of seeking to bring forward a “theocracy” whilst others are using the ever so popular (wannabe) smear of “Christian nationalism” to stigmatize the case and ruling.

Regardless of the attacks, this is what we know to be true – “All men are created equal” and “are endowed by their Creator with certain unalienable Rights,” as stated in our nation’s founding documents. Although some of our nation’s founders weren’t even Christians, they understood this fundamental truth.

The Alabama Supreme Court’s ruling in LePage v. Center for Reproductive Medicine, P.C. wasn’t just legally sound but affirmed and upheld America’s age-old tradition which is rooted and grounded in the acknowledgment of the truths found in the Judeo-Christian worldview.

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