Opinion: Alabama embryo ruling could set a precedent for other conservative states
CNNEditor’s Note: Mary Ziegler is the Martin Luther King Jr. CNN — The Alabama Supreme Court’s ruling on Friday will transform infertility care across the state, potentially setting the stage for a ruling that a fetus or even an embryo outside the womb holds constitutional rights. The court’s ruling could set a precedent for other conservative states that embrace the idea of personhood before birth, making it harder to pursue IVF across large swaths of the country. In theory, there should be a way for Americans like the couples in the Alabama case to protect themselves against medical negligence — or even to express their belief that frozen embryos or life in the womb have value — without setting a precedent for criminalizing abortion across the US. Polls suggest that many Americans believe life in the womb has value while opposing criminal abortion bans: A 2022 Pew Forum poll found that even about a third of Americans who think abortion should be legal believe that “human life begins at conception, so a fetus is a person with rights.” That would not seem so strange if there was a way to recognize the value of embryonic or fetal life that does not inexorably lead to the punishment of physicians who perform abortions, others who aid abortion seekers and even abortion seekers themselves.