California Representative Michelle Steel expressed strong disapproval of the recent Alabama Supreme Court decision that limits IVF, despite her previous endorsement of a national bill with a similar aim.
Contradictory Views?
Steel tweeted on Thursday, “As someone who struggled to get pregnant, I believe all life is a gift. IVF allowed me, as it has so many others, to start my family.” She added, “I believe there is nothing more pro-life than helping families have children, and I do not support federal restrictions on IVF.”
Defining Life at Fertilization
This statement appears somewhat contradictory, given that she co-sponsored the Life at Conception Act. First introduced in 2021 with 166 co-sponsors and then again in 2023 with 124, this bill proposed that life begins at fertilization, but it has not progressed further.
Life at Conception Act: A Threat to IVF?
The Life at Conception Act, similar to the Alabama ruling, would have significantly limited, if not outright banned, IVF treatments. This is because it offers ‘equal protection’ to ‘preborn’ humans, including embryos.
IVF Survival Rates
The survival rate of fertilized eggs during the IVF process is low, which would place physicians in jeopardy of being charged with the wrongful death of embryos.
This risk could lead to the downfall of the entire IVF sector.
A Shockwave Through Clinics
This scenario is now manifesting in Alabama, where the state Supreme Court recently ruled 7–2 that IVF-created embryos are to be treated as children, thus protected by the Wrongful Death of a Minor Act. Following this ruling, a minimum of three fertility clinics have halted IVF treatments, aiming to dodge legal challenges.
Alabama Upholds ‘Sanctity of Unborn Life’
The Alabama Supreme Court’s ruling further declared that the state’s public policy upholds and supports ‘the sanctity of unborn life and the rights of unborn children, including the right to life,’ referencing the Sanctity of Life Amendment to the Alabama Constitution, ratified in 2018.
Defining ‘All Children’
Associate Justice Jay Mitchell, in the majority opinion, emphasized the broad scope of the Wrongful Death of a Minor Act, stating it covers ‘all children, born and unborn, without limitation.’
Judicial Wisdom vs. Public Policy
He stressed the court’s role is not to impose new limitations based on perceived public policy wisdom, especially in light of a constitutional amendment that explicitly seeks to protect ‘unborn life.’
A Theological Dimension to Legal Rulings
The opinion notably cites a verse from the Bible, Jeremiah 1:5, as part of its rationale, a move that has sparked controversy, particularly for its impact on IVF access in a state with strong pro-life sentiments.
Alabama Clinics Pause IVF
Following the Alabama Supreme Court’s ruling, the University of Alabama at Birmingham’s medical school announced a pause on IVF treatments on Wednesday.
This was soon followed by similar announcements from the Center for Reproductive Medicine and Mobile Infirmary Medical Center, a defendant in the Supreme Court case, and Alabama Fertility Specialists on Thursday.
Alabama’s Eight Clinics
Currently, there are eight clinics in Alabama, as listed by the CDC, that offer assisted reproductive technology services. In a twist, other Republican lawmakers have criticized the Alabama decision, albeit for reasons different from Representative Steel’s.
GOP Memo
The party leadership, keen on maintaining the GOP’s pro-family image, instructed GOP candidates in a Friday memo from the Senate Republican campaign arm to ‘clearly and concisely reject government efforts to restrict IVF.’
The Alabama IVF Controversy
The memo from the National Republican Senatorial Committee criticized the decision of the all-conservative Alabama court as potential ‘fodder for Democrats hoping to manipulate the abortion issue for electoral gain.’
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