February 21, 2024 – In response to the Alabama Supreme Court’s February 16, 2024 ruling declaring frozen embryos to be children, and asserting that the discarding of frozen embryos constitutes the wrongful death of a minor:
The Alabama Supreme Court’s February 16 decision, classifying frozen embryos as children, sets a dangerous precedent that violates the separation of church and state, and renders it virtually impossible for Alabama families to access fertility treatments, including in-vitro fertilization (IVF), that can be necessary to grow families.
In an egregious and undeniable violation of religious freedom, the court’s reasoning relies on Christian theology, referencing God 41 times and quoting the Bible multiple times in its decision. Imposing a Christian theological interpretation on all Alabamans violates the religious freedom that exists to protect religious minorities – not to be weaponized against them. Using religious belief in this manner to create law affecting millions of citizens is a direct affront to this fundamental constitutional protection.
In Jewish tradition, an embryo does not have the same legal status as a person. Furthermore, Jews in the United States disproportionately rely on IVF to have children, with 17% of Jewish women utilizing fertility treatments, compared to 12.5% of the general population.
With approximately one in six people affected by infertility, this decision will have a far-reaching impact on women in Alabama and potentially across the country, including Jewish women across the religious spectrum. It is particularly punitive to numerous people who need to use IVF to have children, and must now reconsider, potentially and painfully losing the opportunity to have children.
This decision also causes legal upheaval, leaving fertility clinics unclear whether they can provide services in Alabama, and those who already have frozen embryos unsure of whether they face legal risks.
As a matter of principle, Jofa affirms every woman’s religious and reproductive freedom to decide when and how to build her family, including through IVF. It is a woman’s legal right to make decisions about, and have control over, her own body, without the involvement of the government or any other entity. Every woman should have the right to access the health care she needs, and make her own decisions about personal religious and medical matters, according to her own religious beliefs, free from stigma, and while retaining human dignity.
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