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How "embryos are children" has politicians choosing their words carefully

FILE - An embryologist uses a microscope to view an embryo, visible on a monitor, right, on Oct. 3, 2013, in New York. The Alabama Supreme Court ruled, Friday, Feb. 16, 2024, that frozen embryos can be considered children under state law, a ruling critics said could have sweeping implications for fertility treatments. The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. (AP Photo/Richard Drew, File)
Richard Drew/AP
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AP
FILE - An embryologist uses a microscope to view an embryo, visible on a monitor, right, on Oct. 3, 2013, in New York. The Alabama Supreme Court ruled, Friday, Feb. 16, 2024, that frozen embryos can be considered children under state law, a ruling critics said could have sweeping implications for fertility treatments. The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. (AP Photo/Richard Drew, File)

The Alabama Republican party is still doing damage control following a controversial ruling by the State’s Supreme Court. The justices declared that fertilized embryos are children. That generated a media frenzy that left GOP lawmakers struggling with what to say next. The Republicans are already dealing with the fallout from the end of the Roe Versus Wade decision that legalized abortion. The ruling has politicians picking their words carefully…

What happened last Thursday in the Alabama Supreme Court depends on who you ask…

The exterior of the Alabama Supreme Court building in Montgomery, Ala., is shown Tuesday, Feb. 20, 2024. The Alabama Supreme Court ruled, Friday, Feb. 16, 2024, that frozen embryos can be considered children under state law, a ruling critics said could have sweeping implications for fertility treatments. The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. (AP Photo/Kim Chandler)
Kim Chandler/AP
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AP
The exterior of the Alabama Supreme Court building in Montgomery, Ala., is shown Tuesday, Feb. 20, 2024. The Alabama Supreme Court ruled, Friday, Feb. 16, 2024, that frozen embryos can be considered children under state law, a ruling critics said could have sweeping implications for fertility treatments. The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. (AP Photo/Kim Chandler)

“Well, you know, I think what has happened here is the Democrat Party and the mainstream media have forgotten that this was a court ruling,” said John Wahl, chairman of the Alabama Republican Party.

“I applaud the Alabama Supreme Court for recognizing that parents were victimized, embryos were destroyed, needlessly and recklessly. And they deserve a redress of grievances,” he said, “So, I think that Alabama Supreme Court made the right decision.”

Others don’t seem prepared to let the GOP off so easily…

“They've basically painted themselves into a corner by deciding that they were going to play with the anti-abortion wing of the United States,” said Robin Marty. She’s Executive Director of the West Alabama Women’s Center. The Tuscaloosa facility conducted fifty percent of the abortion in the State, before the end of Roe Versus Wade.

“We are in a place where it is even more extreme than just abortion, it is where you can no longer do anything with a fertilized egg,” said Marty. “This should be a alarming call to arms for any person who believes in bodily autonomy, because we said IVF was in jeopardy.”

APR News
APR News Director Pat Duggins interviews Robin Marty, Executive Director of the West Alabama Womens' Center in Tuscaloosa.

“Yeah, the GOP has a real challenge right now,” said Cynthia Peacock. She teaches political communication at the University of Alabama. Her specialty is messaging, and she’s watching both sides.

“So we're seeing a lot of Republicans trying to do two things at once they're trying to distance themselves from a wildly unpopular decision made by the Alabama Supreme Court while also reaffirming their prolife,” she said.

Let’s rewind a little. It was just over a week ago that the news broke about the Alabama Supreme Court ruling in the case of three couples. They all lost fertilized embryos when their fertility center allegedly destroyed them. The high court used an 1872 state law that says parents can sue over unborn children wherever they’re located. The ruling occurred late Friday before the President’s Day weekend.

“I didn't hear about it until Monday,” said Robin Marty.

“And that was when a reporter reached out to me about it. And I had to have them tell me what was going on. I had no idea. Um, things escalated really quickly.”

For the Alabama Republican party, as well. APR caught up with State Chairman John Wahl as he was coming out of a meeting.

“I don't I do not think you go too far when you're protecting when you're predicting parents that have been victimized, and when you're standing up for the right to life,” he said. “So no, I think this is an area where we need don't need to be looking at what may have motivated decisions.”

“As far as messaging goes, it will be interesting to see the way Republicans toe this line,” said Cynthia Peacock with the University of Alabama.

“Because at the center of this discussion is where does life begin? And where do we stand on this? And so they're going to have to make some decisions about how they can both support access to IVF treatment and how embryos are treated there and also, maintaining a pro life anti abortion stance,” she said.

APR News Director Pat Duggins with University of Alabama Political Communications professoe Cynthia Peacock.
APR News
APR News Director Pat Duggins with University of Alabama Political Communications professoe Cynthia Peacock.

Peacock says one example of how this political tight rope might be handled is Republican Presidential hopeful Nikki Haley,

‘So, she's trying to identify with people affected by this decision by talking about her own infertility treatments and use of IUI,” said Peacock. “But in the same breath, she's saying that she does see embryos as babies. And so this is another example of toeing that line and trying to appease two different arguments at the same time.”

Political messaging is one thing. All sides in the issue of reproductive rights are also dealing with the here and now of the Alabama Supreme Court ruling that fertilized embryos are children.

“I was waiting for what's next. And honestly, the idea of figuring out what's next is what scares me the most,” said Robin Marty, executive director of the West Alabama Women’s Center

“I do think that we're going to see an end to emergency contraception, I think that we are going to see an end to any sort of easily accessible birth control, which is difficult out in Alabama already as it is, for people who don't have insurance, it is almost impossible to get free or low cost birth control all of the title 10 funding is handled through Alabama Department of Health,” she said. "For people who don't have insurance, it is almost impossible to get free or low cost birth control all of the title 10 funding is handled through Alabama Department of Health. And often it can take months to get an appointment there. So if you do not have a private doctor, your options are essentially the Alabama Department of Public Health and waiting or coming to our clinic."

“I think the question here is can parents still have access to IVF? With this court ruling? And I believe the answer is yes,” said John Wahl.

Robin Mary has her concerns. Wahl has his. As Chairman of the Alabama Republican Party he says he has a broad constituency including right wing prolife MAGA types on one side and Republicans on the other who think invitro fertilization is a good thing. Alabama State Senator Tim Melson represents the city of Florence. He’s writing a bill that would protect IVF. John Wahl says he’s not worried about blowback from conservatives who might think that bill lessens protections for the unborn.

“I don't think this has to be one or the other, I think we can do it, we can continue to offer parents the options of IVF,” Wahl contended. “We just need to do it more responsibly, and, and be more careful with the process. I believe that's possible, even without a law. But I think a law could be put in place that would help that be clear, and help the process moving forward.”

That bill would take weeks to write and present to both chambers of the Alabama State legislature. Each day that passes could give critics of GOP prolife politics a chance to bash the Republicans with the November election still months away.

Pat Duggins is news director for Alabama Public Radio.
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