During this past election campaign, the issue of embryonic stem cell research surfaced a number of times, in formal debates, in interviews, in political discussions. In fact, both candidates for the presidency supported such research, Obama as an integral part of his pro-abortion stance, McCain as an illogical deviation from his general pro-life position.
Furthermore by referendum the state of Michigan voted to loosen restrictions on embryonic stem cell research. What I have found of concern is the political pressure for embryonic stem cell research despite the lack of any success in human experiments using them. Meanwhile the successes in adult stem cell research are reported regularly.
A week or so ago a report was issued about the success, for the first time, of a windpipe transplant for a 30-year-old mother of two small children, Claudia Castillo, originally from Columbia but who now lives in Spain. The stem cell work was done in England. Claudia suffered from tuberculosis. Her lungs were affected to such a degree that she had constant shortness of breath and was unable to do simple household duties or care for her children.
Doctors suggested that her left lung be removed, an operation which even if successful would have reduced drastically her life expectancy. However, other doctors asked if they could try to create an entirely new windpipe for her instead. The researchers obtained a windpipe from a donor, stripped it of its own cells, and used it as a kind of “scaffold” around which they planted adult stem cells from Claudia’s own body. This meant that the risk of infection, bleeding, cancer and tissue death — which led to failure in all previous attempts at windpipe transplants — would be avoided; Claudia’s body would not reject her own cells.
A few months after the operation, Claudia has returned to normal life, is able to climb stairs, care for her house and children and even go dancing on occasion. She is expected to have a normal life expectancy for a woman of her age. Said Ben Sykes of the UK National Stem Cell Nerwork: “This is an excellent demonstration of the potential of adult stem cells.” Now scientists are talking about using the new techniques to create other organs, such as kidneys, bladders and hearts. The researchers would build “scaffolds” for the organs and then populate these scaffolds with the adult stem cells of the patient, transplanting the organs when they were completed. “In 20 years’ time,” said Professor Martin Burchall, who grew the stem cells for Claudia, “this will be the most common operation that surgeons do.”
The lack of respect for embryos as human beings is seen not only in the support for embryonic stem cell experimentation (in which the embryos die) but also in court decisions concerning the status of embryos. In October of this year, the Oregon Court of Appeals refused to acknowledge a father’s request that six frozen embryos which he and his ex-wife had created should be preserved. The court said that the embryos had to be destroyed, as requested by his ex-spouse. What was significant in the decision was that the reasoning was based on consideration of the embryos as property. At least in previous similar cases, rulings were based on other considerations. In the 1980’s Davis divorce case in the state of Tennessee, the lower court judge gave custody of the frozen embryos to the mother, saying that laws concerning custody and child care should be used not those concerning private property. He noted that he did not consider embryos in the same category as cars, houses, TV sets and bank accounts. On appeal an upper court reversed the decision, saying that the reason was that no man should be forced to become a father against his will. In the Kass divorce case in New York a few years later, the judge confided the frozen embryos to the ex-wife, saying that the operative law was Roe vs. Wade, which gives all the rights to the mother. To award the embryos to the father, he continued, would be to give him rights he does not have under Roe. But at least property law was not invoked, until now.
In any case, we are in a battle in our society for recognition of the personhood of embryos. They are not property to be disposed of but children to be protected. The battle has been underway for a few years but it may well increase in intensity under the new administration in Washington.
Father John Leies, SM, STD, is president emeritus of St. Mary’s University and was formerly head of the Theology Department there.