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N.J. legislative panel passes resolution condemning Alabama IVF ruling

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N.J. legislative panel passes resolution condemning Alabama IVF ruling

Mar 12, 2024 | 6:54 am ET
By Sophie Nieto-Munoz
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N.J. legislative panel passes resolution condemning Alabama IVF ruling
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Sarah Brown, an in vitro fertilization patient, protests outside the Alabama Statehouse on Feb. 28, 2024 in Montgomery, Alabama. (Brian Lyman/Alabama Reflector)

A panel of New Jersey lawmakers approved a resolution Monday condemning the Alabama Supreme Court’s recent ruling that frozen embryos outside the womb are children, a ruling that temporarily halted in vitro fertilization in that state.

The resolution approved by the Assembly State and Local Government Committee also takes aim at a House bill that declares life begins at the moment of conception, a position that is under increased scrutiny since the Alabama ruling. The bill contains no exception for in vitro fertilization and would pose a “significant threat” to New Jerseyans, the New Jersey resolution says.

“It is in the public interest of the citizens of New Jersey to condemn, in the strongest terms, any ruling that infringes on citizens rights to exercise their reproductive freedom or their access to reproductive health care, including IVF,” it says.

The resolution is sponsored by Democratic Assemblywomen Lisa Swain, Garnet Hall, and Jessica Ramirez.

About 1 million babies were born between 1987 and 2015 through the use of IVF, according to the University of Pennsylvania. 

John Tomicki, director of the New Jersey chapter of the League of American Families, argued Monday that lawmakers don’t understand the Alabama ruling. He said the U.S. Supreme Court, in its Dobbs decision, recognized that each state must decide for itself on the matter of abortion. Alabama made one decision, while New Jersey can make another, he said. 

“Most people don’t take the time to get into the DNA or the biology of what happens at conception,” he said, urging the panel to get “complete clarification” before approving the resolution. 

Abortion remains legal in New Jersey. In 2022, Gov. Phil Murphy signed the Freedom of Reproductive Choice Act, which protects the right of a woman to seek abortion care. 

Monday’s resolution passed with five yes votes. Assemblywoman Claire Swift (R-Atlantic) abstained from voting, and Assemblyman Erik Simonsen (R-Cape May) voted no.