When Miscarriage Is a Crime

The following post comes to us via Ava Budavari-Glenn, a political communications major and a nonprofit communications minor who is entering her sophomore year at Emerson College. She is a writer whose work focuses mainly on advocacy, and a community organizer who has worked for nonprofit organizations and political campaigns. She is a media and communications intern at Planned Parenthood Advocates of Arizona.

Imagine losing your baby only to be arrested for it.

That’s exactly what happened to Marshae Jones.

Last June, 27-year-old African-American woman Marshae Jones was indicted by an Alabama grand jury on manslaughter charges when she lost her 5-month-old fetus after being shot. The person who shot Jones, whom the police claimed was acting in self-defense, was not charged in the shooting. Jones, however, was held responsible for being in a fight while pregnant, and faced up to 20 years in prison. Due to a dedicated group of activists and lawyers — and public backlash — charges were dropped and Jones was set free. Unfortunately, Jones’ case is not that unique. Since Roe v. Wade, there have been several cases in which women were arrested for miscarriage or stillbirth.


Criminalizing pregnancy loss casts pregnant people as vessels rather than people.


A fetus is a person by law in Alabama, and therefore can qualify as a victim of homicide. Someone like Jones could be held responsible for the death of a person if her actions are judged to be negligent. And in states like Arkansas, the language that defines “fetal personhood” is extremely vague, so a person could potentially be arrested for waiting even one minute to call the authorities after a pregnancy loss, or for engaging in behaviors that could put a pregnancy at risk. In Arkansas, five women have been arrested for stillbirth or miscarriage: three between 1884 and 1994, one in 2015, and another in 2016.

Many of the laws that have been used to prosecute people for miscarriage and stillbirth are loophole laws, meaning that since the courts cannot technically arrest someone for losing their baby, other laws must be written that can punish the pregnant person in different terms but still have the desired effect. “Concealing a birth” and “concealing a death” are felonies or misdemeanors in several states, and many people arrested after miscarriage or stillbirth are often charged under these laws. Also, many of the laws that have convicted these women are those that give fetuses, and sometimes fertilized eggs, “personhood.” When a fetus is considered a person in the eyes of the law, the rights of the pregnant person are often swept away. Continue reading

Pro-Choice Friday News Rundown

  • Photo: Lauren Walker

    A proud announcement to start the rundown this week: We are NOT backing down in our fight to expand access to abortion, birth control, and reproductive health care across the country! (ABC News)

  • If you’re searching for abortion care, be VERY careful using Google Maps — you might end up at a crisis pregnancy center instead of a legit clinic. Ugh! (Gizmodo)
  • One of the most problematic industries in modern times, for-profit health insurers, are denying coverage to people taking PrEP, which dramatically reduces the risk of contracting HIV. Awfully ironic, isn’t it? Being conscientious of your health and taking steps to avoid transmission of a deadly virus make you undesirable to insurance companies. WTF. (Jezebel)
  • The New York Times published a highly informative op-ed about how teenage mothers are infantilized after giving birth, and it is a must-read. (NYT)
  • Social conservatives in the U.S. have strong and largely unpopular views on sexuality and reproductive behaviors. When they can’t sway public opinion, they turn to restrictions and prohibitions to impose their views on others. Why they can’t simply live by their own values and then mind their own freakin’ business is beyond me. Truly. (Guttmacher)
  • Buzzfeed proclaimed “Republicans Need Women Voters To Keep Control Of Congress. The Latest White House Response to Abuse Allegations Isn’t Helping.” But my question is, will white women really care at the polls? Like, really? Pardon me for being skeptical due to their history. (Buzzfeed)
  • Hearing women’s voice is so important, and this riveting op-ed from the daughter of a physically, verbally, emotionally, and financially abusive father highlights just why access to birth control is essential for women. This should NOT be a controversial issue! (Juneau Empire)
  • The ACLU is fighting an Ohio law banning abortion for fetuses with Down Syndrome. (NPR)
  • The Trump budget cuts millions in funds for HIV/AIDS programs because this is what thugs like him enjoy doing. Harming the sick, poor, brown, and marginalized. (HuffPo)
  • When I was a clinic escort for Planned Parenthood, I was constantly race-baited by the protesters who lurked outside our health center. As a Black woman, I was shamed for the alleged racism of Margaret Sanger. I was told that “the most dangerous place for a black child was in the womb.” I was questioned about why Black women abort more than white women. And SO much more. But something I literally NEVER heard the “pro-life” set crowing about? Why Black infants die so much more frequently than white infants. It’s almost as if they don’t care about these babies once they’re no longer incubating. Imagine if the people who proclaim to love babies and children put their staunch advocacy behind saving the lives of children who are actually born? Will we ever see their care and concern for fetuses extend to born babies and children?? (The Nation)

In the Wake of Roe v. Wade: The Helms Amendment

USAID is essential in reducing infant and maternal mortality in the developing world.

This Sunday, December 17, is the 44th anniversary of the Helms Amendment.

What is the Helms Amendment and why should we care about it?

The simple answer to the first part of that question is that it is language added to the 1973 foreign aid bill. It reads:

No foreign assistance funds may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.


The Helms Amendment was the first federal legislative attack on abortion rights in the post-Roe era.


But of course nothing to do with abortion is ever simple. Think of the Senate in December 1973, just 11 months after the Roe v. Wade decision made abortion legal. In the intervening months the war in Vietnam ended; Henry Kissinger visited China; the Watergate hearings and the first trials of the conspirators began; Vice President Spiro Agnew resigned after being convicted of accepting bribes; President Nixon named Gerald Ford to replace Agnew; there were bloody coups in Greece and Chile; the Yom Kippur War was fought in the Middle East; Saudi Arabia led the oil embargo against the United States, raising gasoline prices from 25 cents per gallon to more than a dollar; Nixon tried to stop the Watergate investigation by firing the special prosecutor, Archibald Cox; the top two people in the Justice Department resigned rather than do so, leaving Robert Bork to carry out that order, in what became known as the Saturday Night Massacre; eventually Nixon was compelled to turn over his tapes after fighting the order in court.

In other words, 1973 was a turbulent year, a time of great change and political turmoil in Washington. Continue reading

Pro-Choice Friday News Rundown

  • Earlier this week, the tools in Congress voted to ban abortion at 20 weeks. They totally, ignorantly ignored the fact that many fetal anomalies cannot be discovered until past that period in a woman’s gestation. Alexis Miller, who was overjoyed to be pregnant, is one of those women and her story of needing a late abortion is powerful. (Time)
  • More Congressional tomfoolery to report on this subject. These morons justified their vote to criminalize abortion after 20 weeks by using the awful mass shooting that took place a few days ago in Las Vegas to illustrate how much they value life and “have” to protect it. Really? How about passing some restrictions on guns, then? How many 5-, 6-, and 7-year-old children died in Sandy Hook? Why do these lawmakers value an unborn fetus the size of a kidney bean more than they do living, breathing human beings??? (Think Progress)
  • Studies indicate that black women have fewer sexual partners and are more likely to use condoms than white women from similar economic backgrounds. And they are not members of the highest-risk demographic: gay and bisexual men. So why are black women in Philadelphia at a higher risk of contracting HIV than their white counterparts? (Philly.com)
  • One thing I never hear anti-abortion folk (who cling to the term “pro-life”) cry over? The fact that the U.S. infant mortality rate among black babies is more than twice as high as it is for white babies. How can you be “pro-life” and never put your advocacy efforts toward helping born children survive? It’s baffling, isn’t it? Luckily, some people DO care, and many cities are turning to doulas to help these babies survive. (WaPo)
  • Anyway, while the folks in the House were passing an abortion ban because they care so much about babies, children, and “life” … they let the Children’s Health Insurance Plan expire, potentially leaving millions of poor children without any health insurance. I guess it’s OK if already-born children suffer and die since technically they’re out of the womb? (HuffPo)
  • Republican hypocrite Tim Murphy, who is SO pro-life he’s never fostered or adopted any children in need, is resigning from Congress after the news that he urged his mistress to have an abortion became public. Murphy, a House Pro-Life Caucus member, voted this week to restrict abortion AGAIN and has a lengthy record of similar votes. The hypocrisy, while not at all stunning, is infuriating. This wretched human being has done everything in his legislative power to take away women’s choices and dominion over their bodies under the guise of valuing life. Yet when a life that HE helped create threatened to disrupt his double life, he was all too willing to terminate it. Good riddance to this trash legislator. Pennsylvania deserves better. (Politico)
  • Could male birth control finally be on the horizon, like, for real?! Maybe! The creators of a male birth control gel (which will be applied on the shoulders, of all places!) designed to inhibit sperm production — while maintaining healthy testosterone levels in the bloodstream — will soon start recruiting 420 couples from around the world to enroll in a new clinical trial. (Scientific American)
  • Rewire has a heartbreaking write-up on the first victim who lost her life due to the Hyde Amendment. Rest in grace, Rosie Jimenez. (Rewire)
  • STDs are at an ALL-TIME HIGH in this country right now! (Time)
  • The Ontario government has introduced groundbreaking legislation that will create protest-free buffer zones around abortion clinics, the homes of doctors and staff, and even pharmacies and offices that provide pills used to terminate pregnancy. Yasss Canada! Kudos to you! (Toronto Star)