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Explainer: Report of the Human Fetal Tissue Research Ethics Advisory Board

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August 25, 2020

Recently, the Human Fetal Tissue Ethics Advisory Board released its recommendations for funding based on proposals submitted to the National Institute of Health. This board, tasked with the oversight of projects that would require the use of fetal tissue, recommended that the Health and Human Services Secretary Alex Azar withhold funding from all but one project. This has led to charges that the board is bringing ideology to bear on an objective process. However, the board is made up of experts across the ideological spectrum who weighed the proposals and made recommendations based on the merits or deficiencies of the proposals. 

Background: Defining fetal tissue research and a history of the oversight board

Fetal tissue research is the use of cells “that are harvested for the purpose of establishing cell lines or for use as transplantation material and other purposes.” This process of harvesting cells can be done through induced abortions or from miscarriages, but the mother must consent for the cells to be used in NIH proposals and research. 

The Human Fetal Tissue Research Ethics Advisory Board was announced in June of 2019 when the Trump administration banned the current use of fetal tissue in federally funded projects. Previously, the process had been for grants to go from the National Institutes of Health to the Secretary for final approval. However, with the creation of the new board, previous projects were halted, and all new proposals had to go through an additional layer of ethical review. This board, made up of 15 individuals who meet specific qualifications, and which must be made up of a broad range of experts, considered the ethical ramifications of the research and the necessity of the fetal tissue research. Their recent meeting recommended withholding funds from 13 proposals previously approved by the NIH and the funding of one proposal. It will now be up to Secretary Azar to make the final decision under HHS rules.

The members of the board include scientists, theologians, ethicists, and medical professionals. There are a range of perspectives on the board raging from those opposed to fetal research and those who are advocates of the procedure. One member in particular, Ben Mitchell, should be noted because of his expertise in this area. He is a Southern Baptist bioethicist, a member of the ERLC’s Research Institute, and the former Graves Professor of Moral Philosophy at Union University.

What recommendations were made?

Reviewing the recommendations of the board, there are several things to note about the proposals that were rejected and the one that was approved. Though there is no identifying information about the proposals, it is clear that, despite the ideological diversity of the board, there was not much disagreement on board about most proposals. When comparing the votes, only two of the proposals received relatively close votes. The other 12 ranged from 10-5 to 15-0 voting to withhold funds. So it is clear that on a board containing members across the ideological spectrum, a clear supermajority was reached as to the viability of these studies in almost every case. 

When looking at the reasons that the proposals were rejected, the participants noted a number of problems that caused them to vote as they did. These ranged from procedural and privacy concerns about the research to larger scale questions such as the manner in which the tissue would be obtained, whether another type of tissue could be used, and even the concern that one institution could be profiting from the procurement of the tissue. Also, it should be noted that several members of the board made clear that they would be willing to support the proposal if the problematic uses of tissue were removed or corrected. 

The board voted 9-6 for the proposal they recommended funding. The proposal is for a study of alternatives to fetal tissue and substitutes. In a study of this type, some fetal tissue is necessary as a control group so as to judge the experimental group. However, the recommendation clarifies that this study would be using existing fetal tissue which had been stored rather than acquiring new sources. Thus, it would not run afoul of causing the researchers to participate in abortion or other procedures to procure the samples. and if successful, it would eliminate the need for future research with fetal tissue by providing an alternative. 

How should Christians think about fetal tissue research?

There are several ethical considerations when it comes to fetal tissue research for the Christian. The first is the manner in which the tissue was originally collected. As noted above, fetal tissue can be taken from miscarriages or induced abortions. Christians ought to reject any willful taking of the life of a child for medical research purposes because of the child’s right to life. However, in the cases of miscarriages, there is room for disagreement among Christians about how to use the cells, just as in the case of individuals who donate their organs after death or bodies for medical research.

The other concern is what is to be done with cell lines that are already in existence from previously harvested tissue. Some of these were taken from aborted children, and thus were collected through unethical and immoral means. But does this mean that all research from the stem cell line must be rejected? While there is room for debate in this area, the salient ethical concern is whether an individual is participating in the evil of abortion by benefiting from the research of tissue collected by immoral means. As with vaccines developed with stem cell lines from aborted children, the individual who chooses to receive the vaccine is not morally culpable for the methods used to create the vaccine, but they should pursue ethical vaccine creation with alternatives to fetal tissue. 

In general, Christians should oppose the use of fetal tissue in research because of the way it incentivizes the marketing of aborted human fetal tissue. Though there are ways to obtain the tissue ethically, as with the consent of parents after a miscarriage, it is impossible to avoid the way this practice incentivizes the treatment of children as tools for scientific experimentation. One abortion provider, after intense public backlash following horrific videos detail practices for obtaining the tissue, said that it would no longer attempt to recoup the $45-60 that it receives as reimbursement for the tissue collection. When they made that statement in 2015, that $45 (taking the lower estimate) would have netted the abortion provider, if half of their 140,000 abortions resulted in fetal tissue to be sold, an additional $3 million. Christians should oppose this commodification of children and a Darwinistic worldview struggle that defines individuals by their utility rather than their intrinsic worth.

Ethics, science, and pro-life policies

For these reasons, the ERLC is grateful for the careful consideration the advisory board clearly carried out with respect to the proposals before it. The ERLC applauds the work of the board in ensuring an ethical approach to such a sensitive subject. 

Some detractors of the board have castigated it as a group which has brought ideology to bear on the rational and objective sciences. However, it should be noted that these ethical review boards arise out of a history of scientists objectifying individuals and populations and treating them as subjects for research rather than individuals possessing unique dignity and worth, most notably the notorious Tuskegee Study in the early 20th century. There is a need for ethical oversight when it comes to human research, especially when vulnerable populations are involved. 

Though there are cases where fetal tissue can be obtained ethically, as in the case of miscarriages, there is also the danger of incentivizing the death and sale of children through fetal tissue research. Thus, it is imperative that a board such as this review proposals and ensure that a culture of death is not expanded under the banner of improving life for the rest of humanity. We cannot sacrifice the weakest for our own benefit—that is a Darwinistic outlook that sees power and might as the standard of morality and defines a child in terms of his or her usefulness, not their intrinsic worth. The work that the advisory board is doing helps to promote an ethical approach to research that defends the rights of the most vulnerable.

Alex Ward

Alex Ward serves as the research associate and project manager for the ERLC’s research initiatives. He manages long term research projects for the organization under the leadership of the director of research. Alex is currently pursuing a PhD in History at the University of Mississippi studying evangelical political activity in … Read More

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24