Protesters arrive outside the Alabama State House in Montgomery on Feb. 28, 2024, to express their disapproval following the Alabama Supreme Court's decision against in vitro fertilization treatments.

Republicans, already on the defensive on the issue of abortion, are struggling to contain the fallout The decision was issued on February 16th by the Supreme Court of Alabama, one of the most conservative states in the United States.

The Supreme Court of this southern state qualified the frozen embryos as almost unanimously of its nine Republican justices (only one voted against).“ectopic children” deserve constitutional protection, a first in the United States. The President of the Court, Tom Parker, 72, argued that the state accepted “A vision of the holiness of life based on theology”he could not “Destroying human lives without incurring the wrath of God.”. Even before the birth he explained: “All people bear the image of God. Your life cannot be destroyed without extinguishing its glory. »

Women with their babies in their arms and signs “It is thanks to IVF that I became a mother”Doctors show photos of children born thanks to in vitro fertilization, patients during the procedure and in panic at the threat of artificial reproductive techniques: on Wednesday, February 28, several hundred people demonstrated in front of the headquarters of the local assembly in Montgomery their disapproval, the state capital.

It’s stirring all over the country

Inside, elected officials on the Health Committee considered a bill urgently introduced by a group of Republicans to protect clinics and doctors from lawsuits that could arise from the Supreme Court decision. This effectively put an end to the practice of in vitro fertilization in the state. The University of Alabama at Birmingham has suspended its IVF program and three private clinics. Some medical transport companies are refusing to transport patients’ frozen embryos out of state for fear of legal action if they are destroyed.

In 2023, 14 states began studying codification of the concept Legal personality of the fetus » (adopted by Georgia and Missouri), Alabama’s decision caused a stir across the country, where in vitro fertilization is widely used. Nearly 2% of women ages 15 to 44 have used it, according to a Pew Research Center analysis based on data from the National Center for Health Statistics.

Caught between their constituents, the majority of whom support assisted reproduction, and anti-abortion conservatives who desperately need them during an election cycle, most Republican officials have backed down. Concerned about the electoral consequences, but also the legal ones: treating embryos like children would raise an arsenal of complicated questions regarding taxes, maintenance and even kidnapping…

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