âThe Viewâ talks frozen embryo ruling: âItâs just Alabama, for the momentâ
The cast of ABC’s “The View” Tuesday morning discussed last week’s Alabama Supreme Court ruling regarding frozen embryos.
The discussion ranged from one host who had undergone the procedure to members who saw the ruling as a “legal stretch.”
On Friday, the Alabama Supreme Court ruled that 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 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.
But the Alabama Supreme Court disagreed when it reversed Mobile County Circuit Court Judge Jill Parrish Phillips’ ruling to dismiss the case in 2022.
Sunny Hostin said she went through five miscarriages before turning to invitro fertilization. She said she went through three cycles of IVF and now has two children. In the process, her family depleted its life savings, she said. Being Catholic, she said, “we knew we couldn’t destroy the embryos because they are, in our view, children.”
“I feel we were responsible, in that we used every single embryo,” she said. “My religious belief is that conception is the start of human life. When you look at an embryo, that’s more than just an egg and a sperm…It’s based on religious belief, but it’s also partially based on science, as well.”
Sara Haines, however, said embryos aren’t viable outside the mother’s body. “I believe this is a stretch to call this a minor,” she said. “Not an embryo, not a fetus.”
Haines went on to quote the court decision that “human life cannot be destroyed without incurring the wrath of a holy God.”
“OK, then let’s leave it up to the Holy God on Judgment Day and not the holy court,” she said.
Joy Behar said she respected Hostin’s beliefs, and observed that “it’s just Alabama, at the moment.” Behar then went on to say Supreme Court Justice Amy Coney Barrett, on the court since 2020, “is hostile to IVF. She believes that the process amounts to abortion and should be criminalized.”
Barrett was criticized at the time of her confirmation for lending her name to an anti-abortion group that supports criminal penalties for doctors who discard embryos as part of IVF treatments.
Alyssa Farah Griffin said most women in her life have dealt with fertility issues. “If you’re pro-family, you want women to have optionality in having kids. You have to support at the right time some type of family planning.”
Whoopi Goldberg said she believed “wrongful death” is a stretch, and that “the people who are making these laws are not the people who know how this works.”
“I want to see them get agitated in Alabama about the children that are actually there,” Goldberg said.
The Wrongful Death of a Minor Act “applies to all unborn children, regardless of their location,” wrote Alabama Supreme Court Justice Jay Mitchell. “[T]he Wrongful Death of a Minor Act is sweeping and unqualified. It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. 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.