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    In a ruling that reads more like a theocrat’s sermon, the Alabama Supreme Court on Friday decided that frozen embryos — those created through in vitro fertilization — count as “children” under the state’s law.

    The court’s decision specifically permits three couples whose frozen embryos were accidentally destroyed in a Mobile, Alabama, reproductive clinic to sue the facility for wrongful death.

    It works in one of numerous ways pernicious anti-abortion and anti-trans laws around the country do: taking aim at health care treatments by rendering hospitals’ and doctors’ liability insurance unaffordable.

    After the Dobbs decision, voters in six states — California, Kansas, Kentucky, Michigan, Vermont, and Ohio — voted in favor of abortion protections in constitutional amendment ballot measures.

    In Friday’s ruling, Alabama Supreme Court Chief Justice Tom Parker invoked a 2018 “Sanctity of Life” amendment to the state’s constitution, ratified by voters, that requires courts to “recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.” Parker raised the amendment with religious fervor, citing biblical verse.

    Restrictive laws on assisted reproduction passed two decades ago in Italy, for example, led to a decrease in success rates in IVF clinics and an increase in high-risk pregnancies.


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