Two weeks after the 2024 Alabama Court Ruling that equated embryos with children, Jennifer was approached to collaborate on writing a letter to help set the record straight about both the science of embryos & IVF and how biblical texts and Christian doctrine were utilized inappropriately by the Judge in his ruling.

The letter on this page is what resulted, with 100 signatories from the fields of Embryology, ObGyn, and Religious and Biblical Studies.

EMBRYOS ARE NOT BABIES

The belief that human life begins at fertilization, when egg and sperm meet, is an underlying conviction of the anti-abortion movement. This belief informs personhood legislation being introduced in Alabama and elsewhere around the country.  It also underlies federal legislation as seen in the “Life at Conception Act” (H.R. 431), which would grant fertilized human eggs, embryos, and fetuses the same right to life as newborn infants. All these bills would criminalize In Vitro Fertilization (IVF), but all rest on mistaken beliefs about reproductive science and biblical teachings.

In Vitro Fertilization (IVF) has been a blessing for thousands of families in the United States. Many people have difficulty starting a family due to infertility, cancer, or genetic diseases such as Tay Sachs disease. For U.S. citizens and many others world-wide, IVF allows the pursuit of the happiness associated with children and family life. As of today, an estimated 12 million children have been born using IVF.

Given the enormous public benefits afforded by IVF, one might be surprised to learn that this beneficial procedure could be at risk. Neither H.R. 431 nor H.R. 7056 has much chance of becoming federal law. Nevertheless, the recent Alabama Supreme Court ruling that early human embryos are “extra-utero babies” and “children” is a wake-up call. It represents an opening victory for the “personhood” movement that is the latest expression of anti-abortion activism.

Because the reasoning behind the Alabama ruling underlies all “personhood” legislation, including H.R. 431, it merits close scrutiny. We contend that from both a scientific and a religious perspective the claim that every individual human life “begins at conception” is on shaky ground.

Clarifying the Science

First, this claim contradicts current scientific understanding. While different groups of biologists have claimed that individual human life begins with brain maturation, viability (the ability to survive outside the womb), or birth, the individuality of a developing embryo is not biologically established until approximately 14 days after egg cell fertilization. At this time, the possibilities of one embryo splitting into two (twinning) or two embryos fusing into one (chimerization) come to an end.

So whereas the question of when human moral and legal personhood begins is a separate topic of legal, philosophical, religious, and scientific complexity, it is certain that the discussion of this topic cannot even begin until biological individuality is established at two weeks of development. All current IVF procedures utilize microscopic non-individualized embryos that have not even established a pregnancy through implantation most commonly in the uterus. For these and other reasons not addressed here, the pre-implantation embryos used in IVF procedures should not be equated with children. It is important to emphasize that these developmental milestones should not be interpreted as setting standards for abortion as very different issues are at stake therein.

A second important point is that scientific evidence strongly suggests that up to 2/3 of fertilized human eggs do not develop past an early embryo stage and that they do not give rise to a viable pregnancy. The language of “life at conception” ignores this fact about human reproduction. To put it differently, if early embryos are in fact “children,” as the Alabama court insists, then we would need to consider as an unrecognized, massive healthcare crisis the millions of “babies” dying in the first days of embryonic development. If pre-implantation embryos are in fact babies, are we also not morally compelled to spend billions of healthcare research dollars on preventing early embryo death? This would have an enormous negative impact on health care research that currently helps millions of living men, women, and children.

On the Use of Scripture

The science here needs to be taken seriously in shaping and interpreting U.S. law, and there are serious issues about religious traditions that need to be taken into account. In his concurring opinion Alabama Chief Justice Tom Parker bases his entire argument on the “sanctity of human life,” which he derives from the Genesis 1:27 narrative of adult humans as created “in God’s image.” Quoting commentaries 300-1500 years old, Parker’s argument overlooks two important points. First, it ignores centuries of theological dispute over precisely which human quality constitutes the “image of God.” Is it bodily form, reason, the ability to create, or moral judgment? All of these have been proposed, yet the early embryo possesses none of them. Parker concludes his concurrence by citing Jeremiah 1:5 and Psalm 139:13. While these texts poetically celebrate God’s omniscience and providence, even extending these powers to before conception, we can point to numerous other passages, in both primary testaments of the Christian Bible, that undermine this sanctity of life claim. Biblically speaking, there is more than one belief about the “sanctity of human life.”

Second, this selective quoting also ignores the law contained in Exodus 21:22-23, the only one that addresses the value of a fetus, which states that if a man causes a woman to miscarry and lose her fetus, he has to make monetary reparation to the man she belongs to. He does not need to be put to death unless the woman subsequently dies. This indicates that, in the Bible, the fetus was not viewed as having the same value as a viable child.

Clarifying the Significance

We can see that in defiance of the First Amendment of the U.S. Constitution, which prohibits any law respecting an establishment of religion, the Alabama ruling establishes one highly selective religious belief as secular law. 

It is unlikely that a national policy on abortion will be settled in the foreseeable future, as it is quite a divisive issue. After decades of opposing Roe v. Wade on religious grounds, it is understandable that those favoring the so-called “pro-life” agenda are compelled to find a solid foundation for their new restrictive laws. The suggestion that an individual human life begins at fertilization appears to offer what they need. However, as we have indicated, this concept has no basis in the science of embryology or in the Bible. It is a slogan without foundation and one bearing unfathomable human, legal, and financial costs. Given the importance of IVF in medicine and American family life, we urge the U.S. Congress to permanently put aside the “Life at Conception Act.”

A recent statement from the Society of Developmental Biology, the leading society for embryology in the United States, observes that IVF “stands as one of the pinnacles of success of developmental biology research… Therefore, we urge lawmakers to reject this false notion of equivalency between human embryos and babies and protect the ability of those desperate to become parents to use IVF to start or grow their families.”

Ronald M. Green, Ph.D. ++ Professor Emeritus for the Study of Ethics and Human Values, Dartmouth College, and Department of Community and Family Medicine, Geisel Medical School

Jennifer Grace Bird, Ph.D. + Independent Biblical Scholar; Executive Director, Wild Olive Institute for the Study of Bible and Culture

Scott F. Gilbert, Ph.D. + Howard A. Schneiderman Professor of Biology, emeritus, at Swarthmore College

Michael D. West, Ph.D. + Chief Executive Officer, LifeCraft Sciences

Karri Alldredge, Ph.D. Assistant Professor of New Testament, Lutheran School of Theology at Chicago

William J. Anderson, Ph.D. Senior Lecturer on Stem Cell and Regenerative Biology, Harvard University

Randall C. Bailey, Ph.D.  Distinguished Professor of Hebrew Bible, Emeritus, Interdenominational Theological Center, Atlanta, GA

Michael J.F. Barresi, Ph.D. The Helen and Laura Shedd Professor of Biological Sciences, Developmental Biologist, Smith College

Jacquelyn K. Beals, Ph.D. Associate Professor, Department of Biology, Mary Baldwin University

Fiona Black, Ph.D.  Professor of Religious Studies, Mount Allison University, New Brunswick, Canada

Matthew Boersma, Ph.D.  Bethany Theological Seminary/Brethren Academy for Ministerial Leadership

L. Susan Bond, Ph.D. Associate Professor of Religion,  Lane College

Adam F. Braun, Ph.D. Assistant Professor of New Testament and Theology, California Lutheran University

Marianne Bronner, Ph.D. Edward B. Lewis Professor of Biology, Director of the Beckman Institute, Division of Biology and Biological Engineering, California Institute of Technology

Douglas Brown, Ph.D. Surgical Ethics Specialist, Dept. Surgery, Washington University in St Louis School of Medicine

Esther Brownsmith, Ph.D. Assistant Professor, Hebrew Bible, University of Dayton

Emily R. Cain, Ph.D. Associate Professor of Theology, Loyola University Chicago

Jaeda C. Calaway, Ph.D. Illinois College

Mario Capecchi, Ph.D.* Professor, Human Genetics, University of Utah

Greg Cary, Ph.D. Professor of New Testament, Lancaster Theological Seminary

Rev. Cláudio Carvalhaes, Ph.D. Professor at Union Theological Seminary in New York.

Elizabeth A. Castelli, Ph.D. Professor of Religion, Barnard College at Columbia University

Kara Cerveny, Ph.D. Professor of Biology, Reed College

Jose Cibelli, DVM, Ph.D. Professor, Dept Animal Science, Michigan State University

K. Jason Coker, Ph.D. President, Together for Hope

Rev. Iya Monica A. Coleman, Ph.D. Professor of Africana Studies, University of Delaware

Adela Yarbro Collins, Ph.D.  Buckingham Professor of New Testament Emerita, Yale University Divinity School

Carly Crouch, Ph.D. Professor of Hebrew Bible, Radboud University

John O. L. DeLancey, M.D. Norman F. Miller Professor of Gynecology, Professor of Urology, Director, Female Pelvic Medicine/Reconstructive Surgery, Director Pelvic Floor Research Group, Member, National Academy of Medicine, Honorary Member, Royal College of Obstetricians and Gynaecologists, Department of Obstetrics and Gynecology, University of Michigan Medical School

Anna F. Edlund, Ph.D. Associate Professor of Biology, Bethany College

Scott S. Elliott, Ph.D. Professor of Religion, Adrian College

Sarah Emanuel, Ph.D. Assistant Professor of Theological Studies, Loyola Marymount University

Rev. Sarah Erickson, Ph.D. Columbia Theological Seminary

The Rev. Roberto Che Espinoza, Ph.D. Duke University Divinity School

Sari Fein, Ph.D. Lecturer in Jewish Studies, Smith College

Michael J. Flower, Ph.D. Professor of Interdisciplinary Science Studies, Emeritus, Portland State University

Steven J. Friesen, Ph.D.  Louise Farmer Boyer Chair in Biblical Studies Emeritus, The University of Texas at Austin

Diane Shane Fruchtman, Ph.D. Associate Professor of Religion, Rutgers University New Brunswick

The Rev. Wil Gafney, Ph.D. Hulsey Professor of Hebrew Bible, Brite Divinity School

Sandro Galea, M.D., Dr.PH. Dean, Robert A Knox Professor, School of Public Health, Boston University

Michael G. Hadfield, Ph.D. Research Professor, Pacific Biosciences Research Center, Professor of Biology Emeritus, Kewalo Marine Laboratory

Marnie E. Halpern, Ph.D. Andrew Thomson, Jr., M.D. 1946 Professor and Chair, Department of Molecular and  Systems Biology, Geisel School of Medicine at Dartmouth

Leonard Hayflick, Ph.D. Professor of Anatomy, University of California, San Francisco

Meghan Henning, Ph.D. Associate Professor of Christian Origins, University of Dayton

Suzanne Holland, Ph.D. John B. Magee Professor of Science & Values, Professor of Religious Studies, Director, The Bioethics Program, University of Puget Sound

Mary E. Hunt, Ph.D. Co-director, Women’s Alliance for Theology, Ethics and Ritual (WATER) 

Vivian Irish, Ph.D. Daniel C. Eaton Professor of Molecular, Cellular and Developmental Biology, Professor, Department of Ecology and Evolutionary Biology, Yale University

Jennifer T. Kaalund, Ph.D.  Associate Professor, Pittsburgh Theological Seminary

Kristy L. Kenyon, Ph.D. Professor of Biology | Philip J. Moorad and Margaret N. Moorad Endowed Professorship in the Sciences, Hobart and William Smith Colleges |Biology Department

Michael W. Klymkowski, Ph.D. Professor Molecular, Cellular and Developmental Biology, University of Colorado, Boulder

Paul Knoepfler, Ph.D. Professor at UC Davis School of Medicine

Jennifer Koosed, Ph.D. Professor and Chair of Religious Studies, Albright College

Rebecca Krawiec, Ph.D. Professor of Religious Studies and Theology, Canisius University

Rev. Jennifer S. Leath, Ph.D. Associate Professor of Black Religion, Queen’s University

Mark Leuchter, Ph.D. Professor of Ancient Judaism, Department of Religion, Temple University

Nicola Denzey Lewis, Ph.D.  Professor of Religion, Margo L. Goldsmith Chair in Women’s Studies in Religion, Claremont Graduate University

Eunyoung Lim, TH.D. Assistant Professor of Religion, Middlebury College

Jodi Magness, Ph.D.  Kenan Distinguished Professor for Teaching Excellence in Early Judaism, University of North Carolina at Chapel Hill

Natalia Marandiuc, Ph.D. Associate Professor of Systematic Theology, United Lutheran Seminary, Director of the Women, Gender, and Sexuality Studies

Dan McClellan, Ph.D. Independent Scholar, Honorary Fellow of the Edward Cadbury Centre for the Public Understanding of Religion, University of Birmingham

James McGrath, Ph.D.  Clarence L. Goodwin Chair in New Testament Language and Literature at Butler University

Stephen D. Moore, Ph.D. Professor of New Testament Studies, The Theological School, Drew University

Sara Moslener, Ph.D. Central Michigan University

David Mutch, M.D. Professor of Obstetrics and Gynecology, Division of Gynecologic Oncology, Institute of Clinical and Translational Sciences, Siteman Cancer Center, Washington University School of Medicine in St Louis

Stuart A. Newman, Ph.D. Professor of Cell Biology and Anatomy, New York Medical College, Valhalla, New York

Garry Nolan, Ph.D. Professor of Pathology, Stanford University School of Medicine

Anthony Odibo, MD, MSCE Virginia S Lang Professor of Obstetrics and Gynecology, Vice Chair for Obstetrics and Division Chief, MFM and Ultrasound, Washington University School of Medicine in St. Louis

Scott R. Paeth, Ph.D. Chair of the Department of Religious Studies and Director of the Center for Religion, Culture, and Community at DePaul University and Senior Pastor at Edgebrook Community Church, Chicago, IL

Nigel Paneth, M.D. M.P.H. University Distinguished Professor, Emeritus, Departments of Epidemiology & Biostatistics and Pediatrics & Human Development, Michigan State University, College of Human Medicine

Jeehei Park, Ph.D. Assistant Professor of New Testament, Seminary of the Southwest

Prof. Stephen J. Patterson, Ph.D. Atkinson Professor of Religious and Ethical Studies, Willamette University

Ted Peters, MDiv, Ph.D. Professor of Systematic Theology and Ethics, Graduate Theological Union

Judith Plaskow, Ph.D. Professor Emerita of Religious Studies, Manhattan College

Victoria Prince, Ph.D. Professor, Organismal Biology & Anatomy, University of Chicago

Nandini Raghuraman M.D. MSCI Assistant Professor, Chief, Division of Clinical Research, Maternal-Fetal Medicine Fellowship Program Director, Department of Obstetrics and Gynecology, Washington University in St Louis

Holly E. Richter, Ph.D., M.D. Professor Obstetrics and Gynecology, University of Alabama at Birmingham

Sir Richard J. Roberts, Ph.D., F.R.S.*1 993 Nobel Laureate in Physiology or Medicine, Chief Scientific Officer, New England Biolabs

Rubén Rosario Rodríguez, Ph.D.  Professor of Theological Studies, Saint Louis University

Sarah E. Rollens, Ph.D. Associate Professor of Religious Studies, Rhodes College

Erin Runions, Ph.D. Professor of Religious Studies, Pomona College

Lauren D Sawyer, Ph.D. Seattle School of Theology and Psychology

Jeannie Marie Sellick, PhD. Visiting Assistant Professor of Religion, Bowdoin College

Christopher W. Skinner, Ph.D. Professor of New Testament and Early Christianity and Graduate Program Director, Loyola University Chicago

Mitzi J. Smith, Ph.D. Davison Philips Professor of New Testament, Columbia Theological Seminary

Evan Y. Snyder, M.D, Ph.D. F.A.A.P Professor, Human Genetics Program; Aging, Immunity, & Tumor Microenvironment Program; Center for Genetic Disorders & Aging Research, Sanford Burnham Prebys (SBP) Medical Discovery Institute, Director,  Center for Stem Cells & Regenerative Medicine, Director, Richmond Family Laboratory for Research into Pediatric Brain Disorders, Physician, Sanford Children's Health Research Center                                                               

Max Strassfeld, Ph.D. Associate Professor of Religious Studies, University of Arizona

Jack W. Szostak, Ph.D.* Investigator, Howard Hughes Medical Institute, University Professor Department of Chemistry, University of Chicago

Rev. Susan Thistlethwaite, Ph.D. President Emerita, Professor Emerita, Chicago Theological Seminary

J. Jeanine Thweatt, Ph.D. Flagler College

Ekaputra Tupamahu, Ph.D. Assistant Professor of New Testament, Portland Seminary.

Sten H. Vermund, M.D., Ph.D., Professor of Public Health and Pediatrics, Yale University

Lewis L. Wall, M.D., D. Phil. Selina Okin Kim Conner Professor Emeritus for Medical Anthropology in Arts and Sciences, Emeritus Professor of Obstetrics & Gynecology, School of Medicine, Washington University

Beverly Wallace, Ph.D. Director of Lifelong Learning at Lutheran Theological Southern Seminary of Lenoir Rhyne University, Columbia, SC

Rev. Traci C. West, Ph.D.  Professor of Christian Ethics and African American Studies, Drew University Theological School

Patricia M Zimmerman, Ph.D. Associate Professor of Practice, St Olaf College

++Chief Corresponding Author

+Corresponding Author

*Nobel Laureate