Precedence for something of that nature has definitely been set, with the AQHA losing a lawsuit regarding registering clones. It’s slightly different, as that was a suit to get something added, rather than a suit to prevent something removed. And, it wasn’t about known health risks.
Sensible breeders would not breed tested carriers but we know there are plenty of greedy people in this business who are willing to take the risk and allow it to happen.
Unless and until there is any known or even highly suspected benefit of a hetero WFFS horse, I don’t know why a breeder would risk the 25% of a dead foal. It happens in the APHA world, too often, because willfully ignorant breeders continue to think they have a higher chance of producing a Frame foal by breeding 2 Frames together. They don’t, it’s the same 50/50 of a living Frame foal as they’d have breeding nO to nn.
I’m not sure how greed would win out here - there’s no (currently known) benefit to producing a carrier. There’s a 25% chance that you will have wasted your year-long $$ investment in the breeding.
I can’t see any situation where there is 1 and only 1 match for a carrier mare, and he happens to also be a carrier.
In the APHA world it is a bit difference since they are purposefully breeding for that Frame pattern, and it’s clearly a bit harder to find suitable nn stallions for a nO mare, so some do totally get greedy and take the change.
I think ignorance will play a much larger role, and will continue to, until and unless all breeding stock is required to be tested to have registry approval. Even then, given the number of unapproved mares and stallions being bred, it will always be an ignorance problem.