More Than A Magazine, A Movement
The Alabama Supreme Court decision on IVF—based neither in good science nor good law—exemplifies how the anti-abortion movement negatively affects us all, whether we are seeking to have children or not.
It is essential, now more than ever, that politicians and judges are dedicated to preserving access to full spectrum reproductive healthcare for all.
The Alabama Supreme Court recently shocked the nation when it held that the word “child” includes frozen embryos. Treating an embryo as the equivalent of a child upends the fertility industry, as it threatens to end in vitro fertilization (IVF) services and puts the status of embryos already in storage in serious question.
While these implications are important to untangle, the brunt of the effects of fetal personhood will fall not upon families with the resources to undergo IVF, but rather on poor and non-white women. Every decision made by a pregnant person could be second-guessed by the government. Every step outside of the most risk-averse approach to pregnancy puts the pregnant person under the microscope of the state.
Anti-abortion forces have fought increased access to contraception for over a decade. Most recently, the Alabama Supreme Court ruling that frozen embryos created by in vitro fertilization (IVF) are children lays the groundwork for banning most forms of contraception.
U.S. patriarchal authoritarianism is on the rise, and democracy is on the decline. But day after day, we stay vigilant in our goals to dismantle patriarchy at every turn. The fight is far from over. We are watching, and we refuse to go back. This is the War on Women Report.
Since our last report: Modern surveillance tools pose an increasing threat to pregnant people and those helping them access care; a groundbreaking study proving the safety and effectiveness of telehealth abortion; in rare bipartisan move, Congress expanded the child tax credit for the next three years, lifting 400,000 children above the poverty line by 2025; rest in power, Nex Benedict; and more.
The anti-abortion movement moved a step closer to realizing its goal of achieving fetal personhood when the Alabama Supreme Court held that frozen embryos are children for purposes of the state’s Wrongful Death of a Minor Act. However, the 8-1 ruling is a victory with a discernable twist. Republican lawmakers and their allies are now scrambling since at least three Alabama IVF providers have suspended their family-building services while they sort out the ruling’s implications.
Leaving a toxic marriage also meant temporarily abandoning my dream of motherhood. I grieve the loss of the future I imagined. Perhaps one day, I will have my own baby who will know how much she was wanted and loved. That dream is deferred. But the dream is altogether shattered for many women, in the wake of the Alabama Supreme Court ruling that frozen embryos are considered children. Republicans cannot ignore their role in this devastating turn.
Women are losing both the right to end unwanted or dangerous pregnancies and the right to become pregnant. The common factor is the loss of women’s choice. If our country’s concept of family stability relies on depriving women of their choices, we do not have stable families; we have prisoners.
For over a decade, I have been faced with constant reminders of the long and winding road it took for me to become a mother.
In the wake of last week’s Alabama Supreme Court ruling, there are very obvious places along the way where the whims of a judge who would like a Christian theocracy would supersede the wishes of myself, my husband and the suggestions of my doctors—well-educated and well-known experts in their field.
Senate Democrats on Tuesday highlighted their plan to protect IVF, warning their Republican colleagues they will need to decide by Wednesday whether to block a bill that would preserve access to assisted reproductive technologies.
“It’s been incredible to watch Republicans now scramble over the weekend to suddenly support IVF—well, many of these same Republicans are literally right now co-sponsors of legislation that would enshrine fetal personhood, the very concept that caused all of the chaos in Alabama,” said Democratic Sen. Patty Murray of Washington, an original co-sponsor of Duckworth’s Access to Family Building Act.
In Congress, meanwhile, Democrats’ bill that would protect IVF access nationally has received only a single Republican co-sponsor in the House and none in the Senate.
The Alabama Supreme Court’s decision to consider frozen embryos as human life warns of the impact of theocratic decision-making.
Ruling that embryos are human life with legal rights is making a theological statement, rather than a legal or scientific one. We’re watching before our eyes a clear erosion of church and state.
The availability of in-vitro fertilization in Alabama may now be in question after the state’s Supreme Court ruled that embryos kept in clinic freezers are considered persons under the law, and protected by the state’s Wrongful Death of a Minor Act. It’s a shocking and jarring decision that radically extends the bounds of legal personhood, tosses any claims to originalism aside, and seems primed to make a variety of fertility treatments either extremely costly for patients, or extremely legally risky for clinicians.
IVF is, unfortunately, not safe from the anti-abortion movement. Many of the movement’s leaders have indicated that they would like to outlaw it, and while right now they have bigger fish to fry, abortion opponents have never stopped at simply (“simply”) banning abortion. They want full control over reproduction, and over women specifically. And Alabama just put us all one step closer to their ultimate goal.
