The Maui News

Abortion rights

- n Guest editorial by The Los Angeles Times.

The Alabama Supreme Court decision last month determinin­g that frozen embryos have the same rights as children brought the personhood debate to a surreal level that should terrify anyone who supports the right to terminate a pregnancy or start one in a lab through in vitro fertilizat­ion.

It was a prepostero­us ruling — three couples whose frozen embryos were accidental­ly destroyed at a fertility clinic were found to have the right to sue for wrongful death. But it is an example of the growing anti-abortion effort to redefine embryos — in utero and in laboratory dishes — and fetuses as people with the 14th Amendment right of equal protection under the law.

It’s all part of the chaos over reproducti­ve rights that has engulfed the country since the Supreme Court took away the constituti­onal right to an abortion in June 2022, and conservati­ve states rushed new and horrible restrictio­ns into law. Now conservati­ve anti-abortion politician­s and their supporters have finally found out what it’s like to have a court interfere with their reproducti­ve freedom.

Republican and Democratic lawmakers in Alabama quickly passed a bill Thursday to protect in vitro fertilizat­ion providers from criminal and civil liability — some clinics halted procedures after the ruling. It wasn’t a victory for reproducti­ve rights, however, just a stop-gap measure that will be obliterate­d if the personhood movement gains more traction in state legislatur­es.

Since Roe vs. Wade was overturned, more than a dozen states have introduced personhood bills bestowing legal rights upon fetuses or embryos, or both. Legislator­s in Iowa and Colorado have introduced bills that would define personhood as beginning at fertilizat­ion and subject to the state’s homicide, wrongful death and assault laws — with no IVF exceptions.

Last week, after the Alabama decision, lawmakers in Florida shelved a bill that protected “unborn ” children from wrongful death. But it likely will return in some form.

And 18 members of the U.S. Senate and 166 members of the U.S. House co-sponsored legislatio­n in 2021 that would have conferred equal rights under the 14th Amendment to a fertilized egg. The bills have gone nowhere, but that could change depending on the outcome of the election in November.

A number of personhood laws are already on the books. A Georgia law called the Living Infants Fairness and Equality (LIFE) Act declares a fetus a person after six weeks of pregnancy and bans abortion after that point. Louisiana has a law specifical­ly preventing the destructio­n of embryos.

Abortion foes have been trying to shift the storyline, with a slew of new state laws, from punishing pregnant women to championin­g innocent fetuses, which is an easier sell to the public. Even Alabama Supreme Court Chief Justice Tom Parker, in his concurrenc­e, waxed on about how “even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”

This move toward declaring fetuses and embryos people with legal rights is all the more reason we need a federal law protecting the right to abortion. The decisions that voters make this year in elections will have enormous implicatio­ns for how much bodily autonomy women are allowed, and could set a course for a dystopian future where their rights are trumped by the rights of their embryos.

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