When the Alabama Supreme Court ruled that frozen embryos are considered children under state law, its chief justice had a higher authority in mind.
By citing verses from the Bible and Christian theologians in his concurring opinion, Chief Justice Tom Parker alarmed advocates for church-state separation, while delighting religious conservatives who oppose abortion.
Human life, Parker wrote, "cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself."
The Alabama court's Feb. 16 ruling stemmed from wrongful death lawsuits brought by couples whose frozen embryos were accidentally destroyed.
The most immediate impact of the ruling was to leave in vitro fertilization clinics in Alabama potentially vulnerable to more lawsuits and reluctant to administer treatment. But not far behind were mounting worries about Parker's explicit references to Christian theology.
While Parker's concurring opinion does not carry the force of precedent, advocates for church-state separation fear he could inspire judges in other states to push the envelope.
"Now we're in a place where government officials feel emboldened to say the quiet part out loud, and directly challenge the separation of church and state, a foundational part of our democracy," said Rachel Laser, CEO of Americans United for Separation of Church and State.
She said Parker's opinion was just the latest example – and a brazen one at that – of government officials advocating for Christian nationalism, a movement that seeks to privilege Christianity and fuse Christian and American identity.
Other instances she cited include Missouri lawmakers citing Catholic and biblical teachings for restricting abortion and U.S. House Speaker Mike Johnson saying the notion of church-state separation in the U.S. was a "misnomer."
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