Washington, D.C.  –  Today, Concerned Women for America (CWA), the largest public policy women’s organization in the country, praised the 8-1 decision by the Alabama Supreme Court in LePage v. Mobile Infirmary Clinic, Inc. that determined a child is protected in Alabama law “without exception based on developmental stage, physical location, or any other ancillary characteristics.” The ruling came as a result of the destruction of embryos created for invitro fertilization, determining that these are children and are protected under law.  

Three couples lost their embryos stored in a center in Mobile due to negligence. The couples sought relief in court for wrongful death and ultimately won at the Supreme Court after lower courts had ruled against them, saying that the embryos were not covered as children under Alabama law.

Associate Justice James Mitchell, writing for the majority, makes clear, “All parties to these cases, like all members of this Court, agree that an unborn child is a genetically unique human being whose life begins at fertilization and ends at death. The parties further agree that an unborn child usually qualifies as a ‘human life,’ ‘human being,’ or ‘person,’ as those words are used in ordinary conversation and in the text of Alabama’s wrongful-death statutes. That is true, as everyone acknowledges, throughout all stages of an unborn child’s development, regardless of viability.”

“The Alabama Supreme Court is right to recognize the worth and dignity of every human life,” said Penny Nance, CEO and President of CWA. “The Court is simply following law and logic. When a man murders a pregnant woman, he is charged with two murders, not just one. Americans can see clearly that there were two lives taken in such a case. It is refreshing to see a court recognize reality and not get into politics or create policy, but look to follow science, the law, and the Constitution.”

Chief Justice Tom Parker, in his concurring opinion, wrote, “The People of Alabama have declared the public policy of this State to be that unborn human life is sacred. We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness… All three branches of government are subject to a constitutional mandate to treat each unborn human life with reverence. Carving out an exception for the people in this case, small as they were, would be unacceptable to the People of this State, who have required us to treat every human being in accordance with the fear of a holy God who made them in His image.”

To schedule an interview with Penny Nance or for more information, contact comms@cwfa.org.