Embryo Ruling Could Have Ripple Effect on Abortion, IVF, and Embryo Research

Life Site ^ | February 9, 2005

[NYer]

CHICAGO, February 9, 2005 (LifeSiteNews.com) – The in vitro fertilization industry is worried that a Chicago court decision in which an embryo was ruled to be a ‘human being,’ could put an end to IVF and abortion. On Friday, February 4th, Cook County Judge Jeffrey Lawrence ruled that a couple’s wrongful death lawsuit for the death of their embryonic child at a fertility lab could go forward.

The decision is likely to be overturned very quickly but it can be considered a landmark case, being the first time any court in the US has acknowledged that a human being and a human embryo are one and the same. The near certainty of a quick reversal is not comforting IVF clinics who complain that the declaration of the humanity of the embryo could create a ‘chilling effect’ for their industry and for that of abortionists.

“If the decision stands, it could essentially end in vitro fertilization,” said Dr. Robert Schenken, president of the American Society for Reproductive Medicine. Schenken, chairman of obstetrics and gynecology at the University of Texas in San Antonio, said that doctors would not want to do in vitro fertilization if there could be risk of a wrongful death lawsuit when an embryo is killed. Schenken did not mention that the killing of ‘spare’ embryos is an integral part of the IVF procedure and that the great majority of embryos created artificially in labs are destroyed.

Before the legalisation of artificial contraceptives, the idea that an unborn child comes into existence at the moment of conception was not a ‘controversial’ or conservative political position, but merely rational acceptance of incontrovertible biological fact.

In the 1960’s however, pharmaceutical companines wanted to convince doctors to start prescribing the abortifacient hormonal contraceptive pill. To ease consciences, medical ethicists have arbitrarily changed the definition of pregnancy to say that a human being does not come into existence until the embryo implants in the uterine wall. The embryo before implantation became a non-entity, one the IVF industry and the law now treat as an expensive luxury product.

The Chicago court’s decision could herald the beginning of a change back to reality and that has the IVF industry and by extension, the abortionists worried.

The lawyer for the Center for Human Reproduction, James Kopriva said, “We disagree with the court’s decision and do not believe Illinois law provides for the remedy provided by the court.” Judge Lawrence in his decision wrote that under Illinois law wrongful death lawsuits can be filed on behalf of the unborn regardless of age. Since the differences between a human being at the embryonic stage and say, an adult lawyer, are only age, size, location and level of development, Judge Lawrence ruled that an embryonic human being is protected under the law.

Related LifeSiteNews.com coverage:
http://www.lifesite.net/ldn/2005/feb/05020706.html

[NYer]

Before the legalisation of artificial contraceptives, the idea that an unborn child comes into existence at the moment of conception was not a ‘controversial’ or conservative political position, but merely rational acceptance of incontrovertible biological fact.

“Though it is true that sometimes it is lawful to tolerate a lesser moral evil in order to avoid a greater evil or in order to promote a greater good," it is never lawful, even for the gravest reasons, to do evil that good may come of it (18)—in other words, to intend directly something which of its very nature contradicts the moral order, and which must therefore be judged unworthy of man, even though the intention is to protect or promote the welfare of an individual, of a family or of society in general.”

HUMANAE VITAE

Catholic Ping - Come home for Easter and experience God’s merciful love. Please freepmail me if you want on/off this list

[NYer]

“If the decision stands, it could essentially end in vitro fertilization,” said Dr. Robert Schenken, president of the American Society for Reproductive Medicine.

Pro-life ping!

[John O]

This judge is in Chicogo? And making rulings like this? Why haven't his arms been broken yet.

I swear the Chicago democrat machine has really been slipping

[The_Reader_David]

It is simply a lie that this ruling implies an end to IVF. If it becomes established precedent will merely force IVF to be done the slow way it is permitted in Italy: fertilize one egg in vitro, implant, either the mother has a baby or a miscarriage, repeat if necessary.

All it would forbid is the creation of embryos which are not implanted, all in all a saluatory change.

[cpforlife.org]

Please let me know if you want on or off my Pro-Life Ping List.

[redgolum]

Perhaps there is a glimmer in the long night of the infanticide.

I don't hold much hope that this will survive the appeal, but it is a beginning.

[FourtySeven]

Interesting, good for the Judge, however, I doubt this is more than hype on the part of LifeNews, with all due respect. It's clear from reading that ONLY if the ruling stands, will this be a problem for the abortion industry and IVF. Also it's clear from the article that the ruling most likely will NOT withstand appeal. So, like I said, hype.

But it's nice to see not all judges are leftist activists.

[Lexinom]

The in vitro fertilization industry is worried that a Chicago court decision in which an embryo was ruled to be a ‘human being,’

Imagine that! An unborn human being is, well, a human being... We can't have that!!!

[Terabitten]

Poing.

[MHGinTN]

There's also a big mistaken assertion in the article: "... being the first time any court in the US has acknowledged that a human being and a human embryo are one and the same." If one looks carefully, the circuit court in Ohio, I believe a year before the Roe ruling of 1973, made just that same acknowledgement, that the embryo is a human being. Their ruling was phrased slightly different from the journalist's assertion, but the weight of the ruling was similar. Blackmun et al neatly ignored that 'stare' so one can expect this ruling to be similarly ignored if it endangers the judicially granted rite of serial killing.

[festus]

There are a lot of good Catholics in Chicago.

This case is very interesting because it will be completely devoid of the "womans privacy" issue.

The left is right this case, or one like it, is very dangerous to their cause. It will be necessary to define human life because of invitro and cloning research and that will have a whole different emotional tack than the abortion one did.

Roe-v-Wade will die in time. But many more children will have to die first.........