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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCase Explores Rights of Fetus Versus Mother
Alicia Beltran cried with fear and disbelief when county sheriffs surrounded her home on July 18 and took her in handcuffs to a holding cell.
She was 14 weeks pregnant and thought she had done the right thing when, at a prenatal checkup, she described a pill addiction the previous year and said she had ended it on her own something later verified by a urine test. But now an apparently skeptical doctor and a social worker accused her of endangering her unborn child because she had refused to accept their order to start on an anti-addiction drug.
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Now, with Ms. Beltrans detention as Exhibit A, that law is being challenged as unconstitutional in a federal suit filed this month, the first in federal court to challenge this kind of fetal protection law. Its opponents are hoping to set an important precedent in the continuing tug of war over the rights of pregnant women and legal status of the unborn.
Wisconsin is one of four states, along with Minnesota, Oklahoma and South Dakota, with laws specifically granting authorities the power to confine pregnant women for substance abuse. But many other states use civil-confinement, child-protection or assorted criminal laws to force women into treatment programs or punish them for taking drugs.
This is what happens when laws give officials the authority to treat fertilized eggs, embryos and fetuses as if they are already completely separate from the pregnant woman, said Lynn M. Paltrow, executive director of National Advocates for Pregnant Women in New York, of Ms. Beltrans arrest and confinement.
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http://www.nytimes.com/2013/10/24/us/case-explores-rights-of-fetus-versus-mother.html?google_editors_picks=true
gopiscrap
(23,761 posts)Orrex
(63,216 posts)I eagerly await the case of a pregnant woman in jail suing the state for wrongful imprisonment of her fetus.
If the fetus has right, then it has rights, no? These ass-headed states should at least be consistent in their treatment of these preborn citizens.
Sheldon Cooper
(3,724 posts)If the state is imprisoning the pregnant woman to protect the fetus, does the state then owe the fetus total care and protection? By that I mean would the state be required to provide the mother with adequate nutrition (not the slop that usually gets served up in prison) including plenty of protein, fresh leafy greens, dairy, etc.? What about prenatal vitamins, and adequate prenatal care, including regular examinations, the typical ultrasound and other diagnostic procedures that most women get at some point, etc. And what about adequate rest periods, and using accepted and typical medical standards for treatment of any illness?
Could the expectant father sue the state on behalf of 'his' fetus - what if he doesn't want it to be forced to grow and develop in a substandard prison environment?
HappyMe
(20,277 posts)The idea of the father suing is pretty interesting, but I don't know if that would fly.
Ob/Gyn Congress article
http://www.acog.org/Resources%20And%20Publications/Committee%20Opinions/Committee%20on%20Health%20Care%20for%20Underserved%20Women/Health%20Care%20for%20Pregnant%20and%20Postpartum%20Incarcerated%20Women%20and%20Adolescent%20Females.aspx
Orrex
(63,216 posts)Asshole Conservatives think that they're being clever with all of this "protect the fetus" legislation, but it's clear that they haven't thought it through. You raise excellent points that must be addressed by anyone who would argue that the fetus' rights supersede the mother's.
kestrel91316
(51,666 posts)investigation of ALL miscarriages as possible fetal murders. This will be used as the basis for virtually imprisoning all pregnant and probably virtually all fertile women. This IS what the RW wants - it will remove women of childbearing age from the workplace.
Bunnahabhain
(857 posts)Yes, the RW "probably" wants to put all fertile woman in prison.
This is how a stupid fucking law gets supporters: by saying equally stupid fucking things.
The laws need to be repealed but folks need to not say things that give detractors room to maneuver.
kestrel91316
(51,666 posts)Bunnahabhain
(857 posts)So we've moved just from the right wing to the extreme portion of it? This is moving the goal posts. I really do not believe I am naive in thinking jailing fertile women is "probably" not the goal of anyone right of center. Do you?
kestrel91316
(51,666 posts)You are perilously close to inappropriate namecalling against a DUer. AND YOU KNOW IT.
Bunnahabhain
(857 posts)AND YOU KNOW IT.
Saying the right wing "probably" wants to put all fertile women in jail is stupid to say and it should not be encouraged. It takes a very valid concern, these "fetal rights" laws, and allows proponents of them to lump detractors together and use quotes like that to dismiss concern.
Edit: And just for my edification, is your name calling of a DU'er appropriate? If so could you please help me understand appropriate name calling of a DU'er vs. inappropriate?
KentuckyWoman
(6,688 posts)They keep blabbering about how these laws were created for the medical benefit of mothers.
Dr. Breckenridge did not respond to requests for comment. A hospital spokeswoman said, We are confident that our medical staff acted in good faith.
Funny how we aren't talking about calling 911 from the McDonalds to have middle aged men buying anything other than salads hauled out in chains and incarcerated until they agree to submit to what I personally consider a healthy diet for a middle aged man. His kids are depending on his income so we have a right to force him to take care of himself as we see fit?
This is asinine. While I feel for Ms. Beltran I'm glad she has the heart and support to start pushing this through the federal court system. We can only hope and pray that by the time it gets to SCOTUS there will be Justices on the court with more than 1 functional brain cell.
leftstreet
(36,109 posts)Arrest the guy for his child's future!
Response to cali (Original post)
lumberjack_jeff This message was self-deleted by its author.
kcr
(15,317 posts)Hmmmmm. Not subtle at all.