Alabama declares frozen embryos as children, leaving the GOP uncertain about the next steps

Republicans have been unified for the past fifty years in their belief that life commences at conception.

Over the past week, they have been in a frenzy trying to determine if they truly consider frozen embryos to be included in that category.

Republican divisions over how to respond to the Alabama Supreme Court’s ruling granting personhood rights to embryos indicate a significant shift within the party. For a generation, Republicans had staunchly embraced a conservative stance on abortion and worked to eliminate any dissent within their ranks. However, the recent ruling has exposed internal disagreements on the issue.

The topic of IVF and the handling of unused, frozen embryos has historically been limited to discussions within anti-abortion and religious groups on the extreme end of the spectrum.

Conservative leaders are cautioning Republicans about the urgency of comprehending the procedure and the potential consequences of the Alabama ruling. They emphasize that a lack of prompt consensus could leave candidates vulnerable to further attacks from Democrats. With recent electoral victories, Democrats are eager to employ familiar strategies and portray Republicans as extreme and disconnected from the majority of Americans.

Terry Schilling, president of the American Principles Project, a right-leaning think tank, advises Republicans on how to handle unfair attacks from Democrats. His best advice? Republicans should focus on developing reasonable policies that align with their beliefs, enjoy popular support, and reflect the aspirations of the American people. By doing so, they can effectively counter the unfair attacks and present a strong and cohesive message to the public.

The National Republican Senatorial Committee recently provided talking points to Republicans, urging them to express their support for a procedure known as in vitro fertilization (IVF). This procedure is widely endorsed by millions of people who may not necessarily be in favor of abortion. Notably, prominent figures like former Vice President Mike Pence have also voiced their support for IVF. However, there is ongoing debate within the anti-abortion movement regarding the status of viable but unimplanted embryos. Some argue that these embryos should be considered as life, raising concerns about the moral implications of destroying them through IVF.

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“I’ve been hearing conflicting opinions from different groups. They are trying to reach a consensus on a policy that satisfies everyone, but based on my expertise, that seems unlikely,” shared a seasoned GOP strategist who collaborates with anti-abortion organizations. The strategist preferred to remain anonymous as they lacked authorization to speak publicly. They further added, “I have personally heard or been informed by several House and Senate members who are uncertain about the appropriate stance to take at this moment.”

Former President Donald Trump, the leading contender for the Republican nomination, expressed his strong support for IVF on Friday. He urged the Alabama legislature to take swift action in finding an immediate solution to ensure the continued availability of IVF. Alabama lawmakers, including the House speaker, had already committed to addressing this issue.

Former South Carolina Gov. Nikki Haley took a different position compared to Trump. While she acknowledged that “embryos … are babies,” she was indecisive about whether she supported the court’s ruling.

Tennessee Governor Bill Lee expressed his overall support for in vitro fertilization (IVF), referring to it as a challenging and personal matter. During his speech at CPAC, Senator Tommy Tuberville from Alabama also voiced his backing for the court ruling, although he seemed unsure when questioned about its potential implications.

Some Republican lawmakers are motivated by the court’s ruling and eager to examine their own laws regarding IVF and the management of unused embryos.

“We must approach the issue of fertility struggles with a fresh perspective and consider how we can provide assistance while maintaining ethical boundaries,” expressed North Dakota state Senator Janne Myrdal, the sponsor of the state’s near-total abortion ban. “Each child is a precious creation, reflecting the image of God. The recent Alabama case serves as a shining example of this belief.”

The Republican Party is facing a potential challenge in the upcoming elections regarding their stance on access to IVF treatment. Despite their claims that this access would remain unaffected following the landmark Roe v. Wade ruling, the ongoing debate may pose additional difficulties for Republicans as they seek to effectively communicate their anti-abortion stance during this crucial presidential election.

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According to Kellyanne Conway, a former senior counselor and campaign manager for Trump, a poll conducted by her firm KA Consulting revealed that 86 percent of respondents supported access to IVF. Surprisingly, even among self-identified “pro-life advocates,” 78 percent showed support for IVF, along with 83 percent of Evangelical Christians. These statistics highlight the widespread acceptance of IVF, considering that one in six people will experience infertility in their lifetime, as reported by the National Infertility Association.

“We are currently facing challenges in terms of public opinion, and discussing IVF is not ideal,” expressed South Carolina state Representative John McCravy, a Republican who led a committee in the development of a state abortion ban. He further added, “It is disheartening to see that the legality of IVF is being questioned in Alabama, as this poses a setback for the pro-life movement.”

The Republican Party is currently struggling, while the left is strongly criticizing the Alabama decision, labeling it as anti-family. They are also drawing attention to the fact that three IVF clinics in the state have decided to temporarily halt procedures due to concerns about potential legal consequences.

President Joe Biden expressed his concern on Thursday regarding the court decision that is currently hindering families who are “desperately trying to get pregnant” from accessing the necessary fertility care.

“The outrageous and unacceptable disregard for women’s ability to make decisions for themselves and their families, is what President Biden strongly emphasizes. He firmly states, ‘Make no mistake: This is a direct consequence of the overturning of Roe v. Wade.'”

Republican legislative leaders in Alabama have swiftly introduced proposed legislation aimed at assisting clinics in reopening following a state Supreme Court decision that has significantly limited access to IVF. Among these bills is a proposal by the Republican chair of the state’s health committee, which seeks to clarify that embryos created through IVF should be regarded as “potential life” and not as “human life” until they are implanted into the uterus.

Alabama House Speaker Nathaniel Ledbetter, a Republican, expressed his belief in the importance of protecting the rights of the unborn. However, he also highlighted the contradiction presented by the state Supreme Court ruling, which denies many couples the opportunity to conceive.

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In a similar vein, several other conservative-led states have taken a similar approach when it comes to dealing with surplus embryos. Following the Dobbs decision, Tennessee’s Republican Attorney General, Jonathan Skrmetti, expressed his opinion that while the state’s abortion law recognizes an embryo as an “unborn child,” it does not explicitly forbid its disposal unless it is “alive … within a woman’s body.”

Tennessee Republican state Sen. Richard Briggs acknowledged that the recent Alabama decision has sparked discussions about in vitro fertilization (IVF) among lawmakers. According to him, during an informal coffee meeting, six or seven lawmakers expressed their belief that the court’s decision had “gone too far.”

Briggs, a skilled heart and lung surgeon, expressed his deep concern over the unfortunate events in Alabama. He emphasized the importance of every couple and woman having the fundamental right to bear children.

In the wake of the Alabama ruling, several statehouses, such as those in North Dakota, Missouri, and West Virginia, have taken inspiration and are considering ways to strengthen their own regulations surrounding frozen embryos, all while maintaining their support for in vitro fertilization (IVF). One notable example is Louisiana, where state law currently forbids the disposal of any viable embryos.

Missouri Republican state Sen. Denny Hoskins expressed his enthusiasm for the recent ruling. He is currently contemplating potential legislation to address the matter. Sen. Hoskins acknowledged the challenges faced by individuals struggling to conceive and the use of IVF and other fertility treatments to overcome them. However, he emphasized the importance of recognizing that life begins at conception, considering these embryos as living beings.

Conservative groups, such as Concerned Women for America, are embracing this position.

According to Penny Nance, the president and CEO of the organization, she believes that if you are not willing to implant embryos, then you should not create them.

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