The state's highest court reversed a judge's dismissal of the case involving embryos destroyed by a wandering Mobile hospital patient.
  • averyminya@beehaw.org
    21·
    9 months ago

    In college my friends and I had this epiphany about pregnancy. Under the (typically) conservative mindset, all life is deserving to reach birth and to prevent that is itself akin to murder. So with that in mind, shouldn’t we be putting fetus’ on trial when they absorb the other fetus in utero? I mean, the absorbing fetus is literally murdering the absorbed one. And we just let these murderers walk around free for their whole life?

    It sure is fun taking bad logic and applying normal logic on top of it. The results are often as silly as the concept.

      • solanaceous@beehaw.orgEnglish
        2·
        9 months ago

        Or just let the mother-to-be charge her insurance at hospital rates for all the blood transfusions and other health care she’s giving the fetus.

        (As a bit of completely unwarranted pedantry — and I’m not a lawyer — most crimes in the US and other common law countries have a mental component (mens rea). This means that e.g. to be guilty of manslaughter you must have chosen to do something willfully harmful or at least unacceptably dangerous, such as attacking someone or driving drunk. So fetuses and babies cannot be guilty of those crimes. Of course, the “charge your insurance” thing probably doesn’t work either.)

    • Auzy@beehaw.org
      4·
      9 months ago

      Exactly what I was thinking. The idiots enforcing this are probably mass murderers

  • unmagical@lemmy.ml
    13·
    9 months ago

    Seems like a great way to shut down fertility clinics across the state as the political risk of getting charged for killing a child is too high.

    Way to go Alabama, now all the Christians that were using science to try to usurp God’s will that they not have children will have to travel out of state. They might even feel like the intrinsic risk of failure to conceive using alternative means is itself too great to stay in Alabama and will just move thereby further negatively impacting your state’s economy. But hey! At least you saved the frozen cells!

  • bedrooms@kbin.social
    13·
    9 months ago

    So, their next step is to treat abortion as an intentional murder, I guess. I can’t imagine otherwise given this.

  • AutoTL;DR@lemmings.worldBEnglish
    2·
    9 months ago

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    Three couples whose frozen embryos were destroyed when a wandering Mobile hospital patient dropped the specimens can sue for wrongful death because the embryos were “children,” the Alabama Supreme Court ruled Friday in reversing a judge’s decision to throw out the case.

    The Center for Reproductive Medicine, a fertility clinic used by the couples, and Mobile Infirmary Medical Center, where the embryos were being stored, claimed the couples could not sue for wrongful death because Alabama’s Wrongful Death of a Minor Act does not cover embryos outside the womb.

    The Wrongful Death of a Minor Act “applies to all unborn children, regardless of their location,” wrote Alabama Supreme Court Justice Jay Mitchell.

    That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”

    The couples accused the defendants of wrongful death, negligence and breach of contract in two lawsuits filed in 2021 in Mobile County Circuit Court.

    The patient removed embryos from the freezer, and “it is believed that the cryopreservation’s subzero temperatures burned the eloping patient’s hands, causing him or her to drop the cryopreserved embryonic human beings on the floor, where they began to slowly die,” one of the filings stated.

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