The chief justice of the Alabama Supreme Court cited a higher authority when declaring that frozen embryos are legally considered children according to state law.

Chief Justice Tom Parker caused concern for those who support the separation of church and state and pleased religious conservatives who are against abortion by including quotes from the Bible and Christian theologians in his concurring opinion.

According to Parker, taking away a human life is considered a grave offense to a holy God, who sees it as an insult to Himself since humans are made in His image.

Last week, the Alabama court made a decision based on legal actions brought forth by couples whose frozen embryos were mistakenly destroyed, claiming wrongful death.

The ruling’s initial consequence was the possibility of increased lawsuits against in vitro fertilization clinics in Alabama, causing hesitation in providing treatment. There were also growing concerns about Parker’s inclusion of Christian beliefs.

Although Parker’s concurring opinion does not hold the same weight as a precedent, those who support the separation of church and state worry that it could influence judges in other states to push boundaries.

Rachel Laser, the CEO of Americans United for Separation of Church and State, stated that we are currently in a situation where government officials are confident enough to openly express their beliefs and directly question the constitutional principle of separation between religion and government, which is a crucial aspect of our democracy.

She stated that Parker’s viewpoint was simply the most recent instance – and a bold one at that – of government officials promoting Christian nationalism, a movement that aims to give preferential treatment to Christianity and merge Christian and American identities.

She mentioned other examples, such as Missouri legislators using Catholic and biblical beliefs as justification for limiting abortion, and U.S. House Speaker Mike Johnson stating that the idea of the separation of church and state in the United States was incorrect.

According to Parker’s opinion, the court was simply upholding the Alabama state constitution, which was changed in 2018 to acknowledge the value of unborn life. Parker cited the Book of Genesis, stating that this belief is deeply rooted in the idea that humans are made in the image of God.

Parker incorporated a variety of religious references into his viewpoint, including renowned Christian theologians such as St. Thomas Aquinas and John Calvin, as well as a contemporary conservative Christian statement, the Manhattan Declaration, which denounces “anti-life” actions.

He referenced a well-known Bible passage often used by those against abortion, where God tells Jeremiah, “Before I formed you in the womb, I knew you.”

According to Mary Ziegler, a historian and law professor at the University of California, Davis, the recent decision by the Alabama court to classify frozen embryos as children reflects the underlying principles of the anti-abortion movement.

According to her, this demonstrates the impact of the conservative Christian legal movement. Specifically, their belief that the US Constitution is fundamentally rooted in Christianity, a viewpoint that Ziegler and numerous historians disagree with.

Ziegler stated that the objective of the movement was not solely to overturn Roe v. Wade, but rather to establish the concept of fetal personhood, which asserts that human rights are granted at the moment of conception.

According to Ziegler, the recent ruling in Alabama may impact future decisions made by state courts and legislatures, particularly those in the 11 states that already include language regarding fetal personhood in their laws. However, since this case revolves around the interpretation of a state law, it is unlikely to be brought to the Supreme Court.

The decision brought joy to certain activists who oppose abortion.

The influential Christian legal organization Alliance Defending Freedom declared it a significant triumph for the pro-life movement. Tony Perkins, leader of the Family Research Council, described it as a powerful defense of the value of life.

The Liberty Counsel submitted a notification to the Florida Supreme Court, arguing that the Alabama ruling, which was supported by Parker, must be considered in an upcoming decision regarding a potential amendment to the state constitution aimed at safeguarding abortion rights.

Mat Staver, chairman of Liberty Counsel, stated that the protection of unborn life should be prioritized at all stages.

However, there is a mixture of Christian viewpoints regarding IVF, and in certain instances, there is no clear stance.

Although the Catholic Church considers reproductive technology to be immoral, several Protestant churches and denominations do not have a strong position on the issue.

In December, Kellyanne Conway, a political advisor who previously served under President Donald Trump, urged Republican lawmakers to support contraception and fertility treatments. She referenced her company’s research, which revealed that even evangelical individuals who oppose abortion are in favor of IVF access.

President Trump expressed his unwavering backing for IVF in a recent post on his social media platform, Truth Social. He urged lawmakers in Alabama to safeguard the availability of this procedure.

Parker is well-versed in discussions about the relationship between church and state.

During disputes over a Ten Commandments monument that was erected by former Alabama Chief Justice Roy Moore inside the Supreme Court building, he acted as Moore’s spokesperson.

Parker belongs to Frazer Church, a large church in Montgomery that was previously affiliated with the United Methodist Church until 2022. The church made the decision to leave due to a division within the UMC regarding their stance on LGBTQ clergy and marriage, and has since joined the Free Methodist Church, a more conservative denomination.

Both the United Methodist and Free Methodist churches do not outright denounce IVF in their official beliefs. The Free Methodist Book of Discipline stresses the importance of valuing human life at every phase. It recognizes that assisted reproductive technologies bring up various moral, medical, legal, and theological concerns, while also providing potential for hope.

Parker originally served as the inaugural executive director of the organization now known as the Alabama Policy Institute, which is affiliated with the evangelical group Focus on the Family. According to the Focus on the Family website, they advise married couples against freezing or disposing of embryos produced through IVF.

According to fertility specialists, not having the option to freeze embryos during IVF could potentially lead to higher expenses for fertility treatments and lower success rates for patients attempting to conceive.

Due to varying beliefs among religious groups regarding the start of life, it is concerning to see a judge incorporate a Christian perspective into state laws, according to Greer Donley, a bioethics and health expert and associate professor at the University of Pittsburgh School of Law.

She stated that more judges may start incorporating religious beliefs into their rulings.

“Parker’s lack of attempts to conceal this is especially noteworthy, and even if judges were cautious in their wording, the outcome would remain largely unchanged,” Donley stated.

Laser, from Americans United, expressed concerns about the majority ruling of the Alabama court, which does not mention religion directly. The ruling states that all parties involved in the case acknowledge that an unborn child is a genetically distinct human being whose life begins at fertilization and ends at death.

Laser expressed concern that the policy fails to consider all individuals who will be affected by it, such as religious minorities, non-religious individuals, and Christians with differing beliefs. He believes that this undermines true religious freedom.

___

The Associated Press’ coverage of religion is made possible through their partnership with The Conversation US, which is funded by Lilly Endowment Inc. The AP takes full responsibility for the content.