Op-ed: Alabama Embryo Ruling Impacts NV Rights

By: Maite Guerra and Alan Morales 

Reproductive rights have been at the head of legal and ethical debates, confirmed by the Alabama Supreme Court’s recent ruling declaring that frozen embryos created through in vitro fertilization (IVF) are children, creating a national conversation — and fears about our reproductive rights here at home in Nevada.

As clinics in Alabama struggle with the outcome, Nevada emerges as a battleground state for reproductive rights, actively working to enshrine abortion rights in its constitution, a commitment to safeguarding autonomy and access to comprehensive reproductive healthcare. The contrasting approaches of Alabama and Nevada shows the urgent need to protect and expand access to reproductive healthcare while advocating for policies that uphold fundamental rights and freedoms. 

The recent ruling by the Alabama Supreme Court, declared embryos created through in vitro fertilization (IVF) as children. The court’s decision has sparked concerns about its far-reaching impacts on healthcare, particularly in the field of reproductive technology, especially post Roe v Wade. 

The court case involves three couples who underwent IVF treatment and faced the loss of their cryopreserved embryos. While the trial court initially dismissed the case, the Alabama Supreme Court’s ruling changed existing legal norms and as a result, extended personhood rights to embryos.

Patients scheduled for IVF procedures have had their treatments canceled, reflecting the uncertainty surrounding the legal status of embryos and the potential troubles for medical practitioners. 

Beyond Alabama, this ruling raises questions about the future of reproductive healthcare nationwide. With millions of embryos currently frozen across the country, concerns arise regarding the responsibility and rights surrounding their preservation and nature. 

Nevada has emerged as a trailblazer in the fight for reproductive justice. The state is actively working to enshrine the right to abortion in its constitution. This stance reaffirms Nevada’s commitment to upholding reproductive freedoms and ensuring individuals’ autonomy over their bodies and futures. 

Nevada’s support for reproductive freedom extends beyond abortion. The state has implemented policies to expand access to contraception, comprehensive sex education, and maternal healthcare, recognizing that reproductive health is integral to gender equality and public health. Moreover, recent budget proposals by House Republicans, aiming to restrict reproductive freedom, underscore the critical need for vigilant protection of these rights nationwide.

Here in Nevada, there is currently a petition driven by the Nevadans for Reproductive Freedom campaign, to give voters a chance to enshrine reproductive freedom in the Nevada Constitution, including abortion care. Sixty two percent of Nevadans regardless of party support constitutional protections for abortion access, according to a 2023 poll from the Nevada Independent. 

While the Alabama Supreme Court’s ruling poses challenges to reproductive freedom, Nevada sets a powerful example in its efforts to protect and expand reproductive rights that serves as a model for other states. By prioritizing inclusivity, autonomy, justice, amplifying voices, and advocating for inclusive policies, we can pave the way toward a future where reproductive justice is not only protected but celebrated as a fundamental human right.