Alabama Republican Governor Kay Ivey signed into law on Thursday SB159, a bill giving blanket immunity to in vitro fertilization (IVF) clinics in the intentional destruction of embryonic humans. Specifically, the bill would establish that, "no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization."
In a statement released as she signed the bill, Ivey said, "From protecting the unborn to supporting IVF, Alabama is proud we are a pro-life, pro-family state."
Most speak about this bill and the accompanying controversy in terms of IVF, but it is also properly understood as being about abortion. An abortion is committed every time an embryo is intentionally discarded, a practice common in IVF clinics. According to British Department of Health statistics, 30 embryos are created for every one that makes it to live birth. Among those 30, some are discarded for being "low grade," die in attempted transfers, are miscarried because of the high miscarriage rate in IVF, are donated to be destroyed in scientific research, or are abandoned in long-term storage.
Abolition bill author Representative Ernie Yarbrough filed an amendment on the House version of the bill which had nearly exactly the same language as SB159. The amendment would have added language establishing that "Subsection (A) shall not provide immunity to a person who intentionally causes the death of an unborn child." His amendment was voted down 65-26, but not before he gave a rousing speech opposing the bill.
The House also voted down an amendment from Representative Ben Harrison which would have delayed the vote three months and assembled a committee to study IVF further.
One Representative was able to get the bill author to admit that her bill is written explicitly for the purpose of allowing the destruction of embryos.
The good news is that the new law is blatantly unconstitutional in Alabama where the State Constitution establishes that:
(a) 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.
(b) This state further acknowledges, declares, and affirms that it is the public policy of this state to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate."
The Alabama Supreme Court recently ruled 8-1 that embryos being frozen in IVF clinics are due the right to life as well. The same court would surely rule the same way as long as there is a lawyer in Alabama brave enough to bring this law to court in defiance of the entire leadership of the Republican party who demanded Alabama pass this law.
