The political landscape around abortion in America has taken yet another contentious turn. This time, the focal point is Alabama and frozen embryos.
A recent ruling by the Alabama Supreme Court stating that frozen embryos should be considered children under the state’s laws on wrongful death has set off a firestorm. For Republicans, it creates a vexing new challenge just as they were hoping to reframe the abortion debate ahead of the 2024 elections. For Democrats, it hands them a new angle of attack.
Caught in the crosshairs are the thousands of American families who rely on in vitro fertilization (IVF) to start families.
The Alabama case centered on a narrow question – whether embryos destroyed in a clinic incident could be considered persons under a specific state law. But anti-abortion activists saw it as affirming the idea that life begins at conception. Some are now pushing model legislation and bills declaring that embryos obtain full human rights at the moment of fertilization.
That has put many Republican lawmakers and candidates in a bind. Backing such an absolutist stance threatens to alienate voters who support abortion rights or use IVF. Distancing themselves from it risks angering their anti-abortion base.
Walking this tightrope has proven tricky. When initially asked about the case, GOP presidential hopeful Nikki Haley said she considers embryos to be babies. She soon backtracked when the backlash came, saying she disagreed with the Alabama decision and it should be revisited.
Other Republicans have been quicker to speak out against the ruling. They argue it could threaten access to IVF, a common procedure they say has helped many families conceive. Some shared personal stories of struggling with infertility.
The issue touches a nerve for the one in six American couples impacted by infertility. IVF has become standard practice, with over 80,000 babies born via the technology each year. Surveys suggest most Americans support insurance coverage for it.
But among some anti-abortion activists, IVF itself is unacceptable because it creates then discards embryos. They see the Alabama case as a step toward granting legal personhood to embryos, which could allow banning the procedure.
Model legislation along those lines is already in the works. Come June, a national group of Christian lawmakers will strategize at a meeting on how to advance it through state legislatures. Some states have already enacted “life begins at conception” laws that reproductive rights advocates warn threaten IVF.
Sensing the unease among Republicans, Democrats have gone on the offensive. They are vowing to tie the GOP to extreme views like those behind the Alabama ruling, which they say reveals the true intent behind overturning Roe v. Wade.
Campaigning in a key swing state, Vice President Kamala Harris called the decision “shocking but not surprising” given Republican state abortion bans. New York Governor Kathy Hochul labeled it part of the GOP’s “suicide pact” on reproductive health that now can’t be undone.
Despite public messaging to avoid abortion, some Republicans in Congress continue to push for aggressive restrictions that make leaders nervous. Asked about the ruling, House Speaker Mike Johnson notably declined to comment despite his staunch anti-abortion record.
The whistles have been louder from the Republican governors, especially those from swing states. At a high-profile event, Georgia’s Brian Kemp defended IVF as allowing many Americans to “have children.” Others have pledged not to back any federal limits on it.
Some endangered House Republicans have also been overt in broadcasting their support for IVF. One is Rep. Michelle Steel from Southern California, who shared her personal story of finally conceiving via the procedure.
The push by Republican candidates to distinguish IVF from abortion reflects coordinated advice from party strategists. After the midterms showed the political risks of hardline stances, they urged appealing to moderate voters by expressing clear support for fertility treatments.
Public opinion research circulated by Trump advisor Kellyanne Conway found the approach to be a winning one. It showed broad bipartisan backing for expanding access to IVF, including among self-identified “pro-life” voters.
But ambiguity within the party remains. Staunch abortion foes like former Vice President Mike Pence have also publicly touted their use of fertility treatments while fighting to ban abortion.
How voters ultimately weigh such mixed messages remains uncertain. The Supreme Court overturning Roe opened the floodgates to new debates over reproductive care at the state level, including IVF. It has also given Democrats fresh angles of attack heading into the presidential race.
With less than two years until the election, the only sure bet is more political clashes over America’s intensely polarized abortion politics still lie ahead. This latest battle over frozen embryos in Alabama seems unlikely to be the last unforeseen frontier.
