The Alabama Supreme Court’s recent decision, backed by a conservative justice’s divine rationale, has sent shockwaves through the field of reproductive medicine nationwide.
Redefining Life
Last week, the Alabama Supreme Court made a groundbreaking decision, ruling that under state law, frozen embryos produced via in vitro fertilization (IVF) are classified as children.
As such, they fall under the ‘Wrongful Death of a Minor Act,’ which applies to all unborn children, including those outside of a biological uterus when killed.
Embryos as Children
In their ruling, the majority of justices declared, based on existing laws, that frozen embryos must be considered as ‘children.’
They stated, ‘Unborn children are ‘children.’’
Divine Law in Court Decisions?
Chief Justice Tom Parker went beyond constitutional and legal references in his supporting opinion.
He emphasized that wrongful destruction of human life risks the anger of a divine entity, citing passages from the Book of Genesis and the prophet Jeremiah, and quoting heavily from theologians of the 16th and 17th centuries.
Pre-Birth Humanity
“Even before birth,” he further stated, “all human beings have the image of God, and their lives cannot be destroyed without effacing his glory.”
Beyond Alabama’s Borders
This case, focusing on wrongful-death claims for frozen embryos lost in a fertility clinic accident, has had implications far beyond Alabama.
Religion, Law, and Public Opinion
Parker’s opinion, rich in theological references, illustrates why he’s highly esteemed by conservative legal circles and anti-abortion advocates.
At the same time, it explains the concern among those who view him as being more influenced by religious beliefs than by legal principles.
Praise and Criticism
On social media, Tony Perkins, head of the Family Research Council, praised the opinion as a ‘beautiful defense of life and the Alabama Constitution.’
However, critics argue it’s a risky departure from U.S. constitutional principles, with a Washington Post columnist even labeling it a step towards ‘theocracy.’
Faith-Led Legal Career
Chief Justice Tom Parker, since joining the nine-member court in 2004, and throughout his legal career, he has openly shared how his Christian beliefs deeply influence his legal interpretation and practice as a lawyer and judge.
Concerns Over IVF
This landmark decision, unprecedented in the country, has broader implications, as highlighted by Justice Greg Cook in his dissent. He cautioned that this might effectively end the practice of creating frozen embryos via IVF in Alabama.
Shaping the U.S. Abortion Debate
Supporters credit Parker’s vision and intellect for helping shape the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson, which overturned federal abortion rights.
Parker’s Legal ‘Courage’
Matt Clark of the Alabama Center for Law and Liberty commended Parker’s ‘courage and relentlessness,’ noting his contributions to dismantling Roe v. Wade’s viability logic. Clark highlighted Parker’s influence in Mississippi’s arguments in the Dobbs case.
Roe v. Wade’s Overturn
Even critics like Lynn Paltrow acknowledge Parker’s pivotal role in setting the stage for Roe v. Wade’s overturn, as reported by ProPublica and The New Republic.
Conservative Legal Roots
Before his Supreme Court tenure, Parker founded the Alabama Family Alliance (now the Alabama Policy Institute), a conservative group.
He worked as an assistant state attorney general under Jeff Sessions, who later served as a U.S. senator and Trump’s attorney general.
A Controversial Legal Career
Parker was also an aide to Roy Moore, a former state Supreme Court chief justice removed twice for defying federal court orders. Appointed as chief justice in 2019, Parker is now in his last term, having reached the mandatory retirement age of 70.
A Historic Verdict
In the 8-1 verdict, the Republican justices overturned a prior ruling, recognizing frozen embryos as children and allowing a wrongful-death suit against a Mobile clinic for a 2020 incident involving embryo destruction.
The majority referenced an 1872 law on wrongful child death, including ‘extrauterine children.’
Genesis in Court
Parker, in his opinion, cited Genesis, reflecting his long-held belief that life is sacred. His philosophy, as he once stated citing Psalms, is that without judicial fear of the Lord, ‘the whole world is coming unglued.’
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