Thursday, May 01, 2014

Tennessee becomes first state to put mothers in jail for actions harming the fetus.

Courtesy of Salon:  

Tennessee has become the first state in the nation to pass a law criminalizing women for their pregnancy outcomes. Republican Gov. Bill Haslam took the 10 days allotted to him to consider the advice of doctors, addiction experts and reproductive health groups urging him to veto the punitive and dangerous measure that allows prosecutors to charge a woman with criminal assault if she uses illegal drugs during her pregnancy and her fetus or newborn is considered harmed as a result. Haslam ignored these recommendations — and the recommendations of nearly every major medical association, including the White House Office of National Drug Control Policy — and signed the measure anyway. 

Opponents of the new law share a concern that a lack of access to health care and treatment facilities will result in the disproportionate targeting and jailing of poor mothers and mothers of color, particularly in rural districts throughout the state. 

Republican state Sen. Mike Bell, one of the seven Republicans in the state Senate to vote against the measure (every Democrat in the state Senate voted in favor), recently told Salon that this lack of access is a problem he thinks will hurt the women of his district and their families. “I represent a rural district,” he said. “There’s no treatment facility for these women there, and it would be a substantial drive for a woman caught in one of these situations to go to an approved treatment facility. Looking at the map of the state, there are several areas where this is going to be a problem.” 

Only two of the state’s 177 addiction treatment facilities that provide on-site prenatal care allow older children to stay with their mothers while they are undergoing treatment. And only 19 of these facilities offer any addiction care specifically oriented toward pregnant women. Tennessee has also refused the Medicaid expansion, leaving many women without reliable access to basic medical or prenatal care, much less drug treatment. 

The law does nothing to expand treatment options for women in Tennessee, a fact that did not seem to trouble Republican state Rep. Terri Lynn Weaver, who sponsored the House version of the bill and remains one of its most vocal defenders. “I don’t know what to say about [how] some [women] have insurance and some do not,” she recently told Salon. “It’s a terrible thing, but I don’t want to get into that because that’s another subject.”

This is one of those laws that almost feels like the right thing to do, but once you consider the possible ramifications it becomes immediately clear that it certainly it NOT.

I personally work with children born with FAS, or coke addicted, and I can certainly testify to my anger at their mothers fro being so uncaring and irresponsible that they condemned their children to a lifetime of suffering.

However this law is guaranteed to keep expectant mothers, who desperately need prenatal care, away from physicians and health care workers who could identify potential problems with the pregnancy, or even provide nutritional advice.

And of course this opens the door for more stringent laws in Tennessee's future that will almost certainly further restrict a woman's right to choose.

Because if you don't think that this is ultimately about abortion then you certainly don't understand Republican politics.

32 comments:

  1. Anonymous12:08 PM

    They are going to have to amend that law to include the Dads, too. If they smoke, drink, take drugs, stay out in the sun too long, breathe polluted air, they risk getting mutations. A sperm with mutant DNA could be the cause of the outcome of pregnancy. How will they decide?

    And, suppose the woman does drink, smoke and take drugs, and then has a baby. We have a couple of choices. The baby may be just fine. Some defects cannot be diagnosed for months. So they lock up the mother. What do they do with the baby? I can see the fight between the father and the state that wants to put the kid in a state institution because of what the mother might have done. If you can't enforce the law, it can't be a law. Wait for this to be challenged in the courts and waste a lot of everyone's time and money.

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    1. Anonymous6:42 PM

      I agree about Dad contributing mutant DNA, but remember this is about going after women.

      I haven't read the exact wording of the law and I agree that pregnant women should not be taking illegal drugs, however this law could open a whole bag of worms- what if they decide you can't drink coffee, is alcohol included? etc.

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  2. Anonymous12:09 PM

    I'm really torn on this particular issue. To me, the woman's right of control over her body is paramount. But.... I've treated a 19 day old baby that was born to a mother who was on crack, marijuana and alcohol, plus other drugs during her pregnancy. The child was born with it's abdominal wall open so it's intestines were exposed to the outside, contractures on all limbs, extreme sensitivity to light, and the list went on and on. That innocent child was going to be in therapy of one kind or another for decades due to the negligence of the strung out mother, at extreme cost to the state. The child did nothing but be born to a strung out, negligent mother. BTW this was in Canada, which has full access to abortion services. If the mother realized that she didn't want the child, she had every opportunity to terminate the fetus. I was about to become a father for the first time, and was really upset by the situation. I still have conflicted feelings. :/

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    1. Anonymous12:41 PM

      This is horrible. The effective approach is to get medical treatment for the mother and the child. Incarceration accomplishes nothing.

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    2. Anonymous1:20 PM

      We don't jail diabetics who don't take care of themselves while pregnant. Addiction is no less an illness than is diabetes. And oh so much harder to treat! there will be more children harmed, not fewer.

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    3. Anonymous1:47 PM

      That poor baby also had a father. You don't even mention that there was a MAN involved who should have provided all the care and support needed by the unborn infant.

      I understand your distress at that baby's plight. But I am appalled that you don't seem to have even considered that a man impregnated an unfit women. And that man did absolutely zilch about it. AND, of course, the man involved would never, ever be jailed. Oh, no, just women are the guilty parties.

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    4. Anonymous10:09 AM

      @ Anonymous 1:47 - Believe me, I fully understand that a man was involved in this situation - at one point. There was never any discussion that I was aware of when dealing with the child about the whereabouts of the father. Given that the mother was on drugs that radically decrease ones ability to have impulse control, there was no way to know who the father may have been. (This occurred in Vancouver, BC, which has a HUGE problem with in drugs - specifically injection cocaine and heroin. Vancouver has the highest rate of HIV per capita in the western world.) There is a strong possibility that the father never even knew he was a father, and given that the mother was on multiple drugs, the father most likely was also which makes him a wildly unfit father. :( There were no winners in this situation.

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  3. Boscoe12:10 PM

    It is disappointing that ALL the Democrats voted FOR this. Southern Democrats seem to be just as idiotic as the Republicans...

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    1. ibwilliamsi6:26 PM

      There is no such thing as a "Southern Democrat". The majority of voters in the South are Republicans. There may be more registered Democrats in some states, but when you have a less than 40% voter turnout, and the R's have control of the churches (which is ABSOLUTELY the only form of cheap entertainment here) the R's are going to win.

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    2. Anonymous6:43 PM

      Southern Democrats are republicans

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  4. angela12:32 PM

    This law will be a nightmare.
    I truly see the Handmaiden's Tale in our future.

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  5. Anonymous12:38 PM

    No one should be jailed for drug use. This law is a nightmare. A women was recently jailed (don't know if it was TN) for a bad pregnancy outcome even though doctors said her drug use wasn't the cause.

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  6. Anonymous12:56 PM

    What in the hell is happening in this country? We fought for w omens rights 50 years ago,now they are being taken away. Where is the law to jail fathers for not supporting their fetus and taking care of the mother while she undergoes treatment?

    I get it now. Women voted for Barrack Obama in unprecedented numbers. Now we are to be punished and shoved back down,never to be brave enough to vote for a black man again.

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  7. Anonymous1:14 PM

    So if they get themselves thrown in jail, they'll get medical care and addiction treatment! See, this is all so good for mother and child.

    Bastards.

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  8. Anonymous1:52 PM

    Unless the father can show documented proof that he did everything possible to insure prenatal health, they should jail the father first.

    Men should be the first one to go to jail. After all, they don't have to cart around the fetus. That frees up plenty of time and money to help the pregnant woman.

    I don't understand where these lawmakers get the balls to pretend there are no fathers to jail. Do they think babies spontaneously appear in a woman?

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  9. Anonymous1:57 PM

    Al Gore's home state.

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  10. Anonymous1:57 PM

    So any woman that miscarries has to prove her lifestyle suits these idiot lawmakers, or it's off to jail for her. Must be one of those bible things, huh?

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  11. Because if you don't think that this is ultimately about abortion then you certainly don't understand Republican politics.

    I would add:
    Because if you don't think that this is ultimately about abortion and punishing women then you certainly don't understand Republican politics.

    They will not allow abortion, they will obstruct contraception use, they will not provide treatment for expectant mothers (that could help arrest the developmental problems of the fetus they claim to love), but they will most assuredly punish a woman for bringing a drug-affected child into the world.

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  12. Anonymous2:34 PM

    Tennessee becomes first state to put mothers in jail for actions harming the fetus.

    How many mothers have they put in jail so far? The article title implies that it's been more than one, yet the cited Salon article only indicates that they've made it legally possible—not that they've actually done it. Ditto for other articles returned by Google, which generally say that Tennessee is the first state to pass a law saying that they can put mothers in jail, not that Tennessee is the first state to do it.

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  13. I took care of a group of pregnant women in a prison in WA. They were there due to using drugs and alcohol during pregnancy, with a long history of having done this with other fetuses. They were not charged with crimes, but detained as a danger to others and put in an environment where they could not get chemicals so the baby had a better chance. Most of the time the fetus had already had significant exposure before the pregnancy was known about. They were severe cases who were known to not be cooperative with going into a recovery program for pregnant addicts which was the usual choice. It was ordered by a judge and the difference with the above situation is it had nothing to do with blocking abortions or birth control, everyone wished they would use those services and asked them to please do so.They all knew their babies would be taken as soon as they were born because all their other children had already been taken for neglect and abuse. Unfortunately many addicted women who know they will be locked up and kept from using drugs will hide the pregnancy and not seek pre-natal care, so not discovered until late in the pregnancy. It's a difficult situation because they are sick addicts, but the babies deserve a chance to be healthy.

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  14. Anonymous2:41 PM

    Is that Bristol? She is constantly pregnant.

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  15. Anonymous2:51 PM

    Having long ago learned to "FOLLOW THE MONEY" to understand how things go the way they do, my first suspicion was that the private prison lobby is behind this.

    Tennessee is hardly brimming with cash, so paying to incarcerate more people, should be their LAST idea...but if monetary pressure was used to "inspire" the Republican who pushed this bill, that would certainly explain it.

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  16. Anonymous4:06 PM

    Tried and failed laws, redux. TN is thirty plus years behind NV in trying this stupid approach to prenatal care which was a huge fail in NV. Last I knew, pregnancy isn't a crime and prenatal care is a good thing for mother and baby.

    Good work, Republicans. Women having babies in an alley instead of hospital to avoid your oligarch paws is as more of your septic 'family values.' Love the fetus, kill the mother and unborn child. Much more of your stupid, and your best option would to go to church, set a pew on fire then give yourselves a rectal cleansing with burning pew.

    Seriously, show me in your Bible where your Jesus called for stupid and penuriously stupid. You might pray for the "second coming," but it would not benefit you. Just like this non-believer would love that lightning bolts be a reality, that hasn't happened. You fools are still here on Earth.

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  17. ibwilliamsi6:23 PM

    They won't do a damned thing to men who beat/rape/abuse pregnant women, in spite of medical agreement that stress to the mother is harmful to a fetus.

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    1. Anita Winecooler7:48 PM

      Exactly.

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  18. I smoked alot of pot when I was pregnant with my daughter 30 years ago, and she was just named as speaker at her PHD graduation ceremony at UC Berkeley this year.I "get" that mothers need to be careful with their in-utero babies, but policing them is the wrong way to go about it. Education is the right way.

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    1. Anonymous11:01 PM

      Not sure why you would smoke anything while pregnant but it seems to have worked out for you? Courtney Love did heroin while pregnant with Frances Bean and she seems to have turned out okay in that she "divorced herself" from her drug addicted mom.

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  19. Anita Winecooler7:55 PM

    What is the GOP's obsession with all things female, except pay equity? Am I supporting a woman who's pregnant from becoming an alcoholic/druggie etc? No. What I'm concerned with is a woman's right to make her own reproductive choices, and once pregnant, being given every means possible to deliver a healthy baby. Prenatal Vitamins, exercise, diet, adequate sleep, doctor's visits, and education are key. Along with a somewhat stress free environment. It's still all about men feeling the need to control women, their treatment regimen and choices.

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  20. Anonymous10:57 PM

    In Wasilla we call that photo "baby needs a cigarette".

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  21. Anonymous4:28 AM

    This is just another way to get slaves take the away from the mother. I live in Tennessee. My advice to any pregnant woman get out of Tennessee. They don't deserve the right got you to have a child in this state. I'm glad I changed my mind about giving these turncoat democrats here in this state anything. Instead I gave to NOW. Our Gov won't make laws about abuse to women that could cause miscarriage. Just to give some buddy all this money to drug test .Try and get medical help in this state if you don't insurance, But, they found plenty of money for all this drug testing.

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  22. Randall5:14 AM

    Another Republican effort to legislate the STATE's ownership of human beings.

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  23. Anonymous5:18 AM

    Just look at what they are doing to women. All these laws about abortion, no birth control, they say that makes you a whore. They won't give you equal pay, you don't deserve that. They have done everything to humiliate women. now I read a at Politicies USA an article on why the founding fathers didn't grand women the right to vote. (Who do they think make sure men vote a lot of the time- women.) Next, it be we can't hold title to land, or property. We be allowed to vote, to get a job. Can't work because, women will be pregnant all the time from 10- 50. Under threat of jail, don't let anything happen to that pregnancy. We won't be able to sit, walk, talk unless a man, tells us to. GREAT WORLD we have in our future. Seems like women scare them sh-tless.. I'm sure there are self reliant men, but what you mostly see is men can't do anything without a woman.

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