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Alabama Supreme Court-fertilized, un-implanted embryo are children.

Discussion in 'Too Hot for Swamp Gas' started by GatorNorth, Feb 18, 2024.

  1. GatorNorth

    GatorNorth Premium Member Premium Member

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    https://mynbc15.com/news/local/alabama-supreme-court-rules-in-vitro-embryos-are-children

    "the Wrongful Death of a Minor Act applies to all unborn children, regardless of their location"

    The ramifications of this are far-reaching, going well beyond the abortion debate. And while I can see a possible claim for pain, suffering and emotional distress of the genetic parents being ripe under limited circumstances, creating civil liability under the wrongful death act is simply ludicrous.
     
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  2. Spurffelbow833

    Spurffelbow833 GC Hall of Fame

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    Don't they usually implant multiple embryos in the hope that one will survive to birth? Does this mean the fertility clinic is liable for the ones that don't make it? Who's going to want to perform the procedure now?
     
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  3. thomadm

    thomadm VIP Member

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    Total BS. Again, Conservative and Liberal courts making policy and "law". Its unconstitutional, the legislative needs to get its power back. The Executive and Judiciary branches are running the country and folks have zero voice.
     
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  4. citygator

    citygator VIP Member

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    Interesting point. You might be right there.
     
  5. l_boy

    l_boy 5500

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    The legislative branch has power but refuse to use it due to self imposed constraints and partisan politics. Executive and Judicial branches have stepped in to fill the void, which leads to its own set of problems.
     
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  6. thomadm

    thomadm VIP Member

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    Yeah not sure how to fix it other than getting some leadership. It's really a average folks problem, they don't care enough. The party system has successfully through multiple means established a national narrative that trumps ground up local issues. Add in the fact that people are moving around a lot, it's difficult to care enough.
     
  7. sierragator

    sierragator GC Hall of Fame

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    Next step: murder charges when someone masturbates. :rolleyes:
     
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  8. duggers_dad

    duggers_dad GC Hall of Fame

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    Ah well, at least this is compensation for offspring being clumps of cells until they look like the Gerber Baby.
     
  9. l_boy

    l_boy 5500

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    The result of the ruling is terrible, but if Alabama law says any fertilized egg is a child, then the ruling is technically correct. IMO it just shows the ridiculousness of the law.

    The hope is eventually more sane conservatives will realize the far right is nuts, and the laws that they have supported do in fact personally hurt their families as well as the “welfare queens” who they think this only affects.
     
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  10. VAg8r1

    VAg8r1 GC Hall of Fame

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    Based on the ruling there are probably enough "children" residing in the cryogenic vessels pictured below to populate a small city. [​IMG]
     
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  11. docspor

    docspor GC Hall of Fame

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    [​IMG]
     
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  12. l_boy

    l_boy 5500

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    It really shows the absurdity of the whole thing. I know Catholics who are very anti abortion, yet had kids via in vitro. They rationalized it by implanting all of the fertilized eggs. Of course most died. But I guess that is ok.
     
  13. gator_lawyer

    gator_lawyer VIP Member

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    If you really want to see something scary, read Tom Parker's concurrence. He's a pal of Roy Moore and a total crank. He looks to the Bible and Christian theology to try and define what the constitutional provision means. Here's the end of the discussion:
    "In summary, the theologically based view of the sanctity of life adopted by the People of Alabama encompasses the following: (1) God made every person in His image; (2) each person therefore has a value that far exceeds the ability of human beings to calculate; and (3) human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself. Section 36.06 recognizes that this is true of unborn human life no less than it is of all other human life -- that even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory."

    Not only is it inappropriate, there's a strong argument that this sort of bullshit violates the Establishment Clause.
     
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  14. gatorpa

    gatorpa GC Hall of Fame

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    Curious how has the law handled situations in the past where a couple have fertilized eggs stored but end up separating.

    Who’s “property” is it and how does the law treat the embryos?
     
  15. BLING

    BLING GC Hall of Fame

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    Who even needs a divorce scenario? People change their minds about such things or have embryo’s left over. Sounds like Alabama requires a couple to either use them all or hand their genetic material over to complete strangers. People do choose to donate to infertile couples. But to *require* it is some extremist craziness. Some people will probably just keep them frozen forever since such a law wouldn’t give them much choice. Hard to see this standing.
     
    Last edited: Feb 19, 2024
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  16. ncargat1

    ncargat1 VIP Member

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    What about a woman's period? Don't they "murder" an unborn child every 28 days or so?
     
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  17. G8trGr8t

    G8trGr8t Premium Member

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    what next? cryogenic orphanges for unwanted embryos?
     
  18. Gatorrick22

    Gatorrick22 GC Hall of Fame

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    Collateral damage?
     
  19. BLING

    BLING GC Hall of Fame

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    That’s an interesting point. It costs $$$ to keep them stored. So let’s say a couple simply doesn’t continue paying the ongoing fee. Who takes this on? States like Alabama obviously don’t have anything on their plates with drug addictions, homelessness, poverty, or mental health. So I’m sure they will build a state of the art facility to handle…[checks notes]…a growing inventory of orphaned embryos.

    [​IMG]
     
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  20. slocala

    slocala VIP Member

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    She keeps backing herself in corners no one is asking her to back into….


    “Embryos, to me, are babies,” Haley told NBC News in an interview, adding that she used artificial insemination to have her son, a different process than IVF that doesn't present the same complexities around creating embryos in a lab. "When you talk about an embryo, you are talking about, to me, that’s a life. And so I do see where that’s coming from when they talk about that.”

    Nikki Haley sides with Alabama Supreme Court on IVF ruling: 'Embryos, to me, are babies'
     
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