Alabama is using the notion that embryos are people to surveil and harass women

Something that’s important to remember about last week’s ruling by the Alabama supreme court, which held that frozen embryos were persons under state law, is that the very absurdity of the claim is itself a demonstration of power. That a frozen embryo – a microscopic bit of biological information that can’t even be called tissue, a flick laden with the hopes of aspiring parents but fulfilling none of them – is equivalent in any way to a child is the sort of thing you can only say if no one has the power to laugh at you. The Alabama supreme court is the final court of review in that state. It cannot be appealed. For the foreseeable future, frozen cells in Alabama have the same legal status there as you or I do. Is this an absurd elevation of the status of an embryo, or an obscene degradation of human beings? The answer, of course, is both.

The decision immediately halted almost all IVF procedures in Alabama. Aspiring patents there – including women who had undergone rounds of injected hormone treatments and the invasive, gruelingly painful egg retrieval process in order to create the embryos – will now be unable to have the material implanted in an attempt to create a pregnancy. Hundreds of other frozen embryos – those that are not viable, or not needed by families that are already complete – can now not be destroyed as is typical IVF practice. They need to be continually stored in freezers, or what the Alabama supreme court refers to, in Orwellian style, as “cryogenic nurseries”, a term you almost have to admire for the sheer audacity of its creepiness.

But the concept of embryonic personhood, now inscribed in Alabama law, poses dangers well beyond the cruelty it has imposed on the hopeful couples who were pursuing IVF in