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

Best of 2018: Bloggers Pick Their Favorite Posts

When 2018 began, we weren’t even a full year into the Trump administration, and we were staring down the barrel at another three years of it. Luckily, as 2018 got going, so did we. The Resistance injected new blood into politics, from the local to the federal levels, and by the end of the year we were celebrating the victories of candidates passionate about the rights of women, LGBTQ folks, immigrants, and voters. Whether you want to call it a “blue wave” or a “blue ripple,” the country enjoyed record voter turnout in last month’s midterms, and Arizona is now officially a purple state. We’re looking forward to what 2019 will hold, and are ready to keep fighting!

Our bloggers were with us throughout the year, reminding us of what’s most important: advocating for health, justice, and dignity for all. They shared their favorite posts of 2018.

Anne has spent years on the front lines fighting abortion stigma, the sinister force that fosters silence and shame. She introduced us to one of her sisters in arms, Karen, who for 40 years kept her abortion a secret. When Karen finally unburdened herself of the stigma, her sons rallied to her side, realizing they can’t be complacent. This powerful story about a beautiful family will bring tears to your eyes, and remind you of the harm abortion stigma can cause. Reproductive rights aren’t just a “women’s issue,” and male voices are needed in this fight.

Matt wrote an incredible four-part series examining the link between white supremacy and opposition to abortion. His favorite piece was the final installment in this series, covering the 1990s. During this decade, the white supremacist, anti-abortion, and Patriot movements converged to give us terrorists like Eric Robert Rudolph, who bombed the Olympics, a gay bar, and abortion clinics. Fast forward a couple of decades, and by 2016, the stage was set for Trump’s misogyny, racism, transphobia, xenophobia, and Islamophobia.

Mother and babyAnna examined the shocking, disturbing racial disparities in U.S. maternal mortality. The United States’ high maternal mortality rate is heartbreaking no matter how you look at it, but is especially pronounced for black women, who are 3.5 times more likely to die as a result of pregnancy than white women. In fact, in New York City, their maternal mortality rate is on par with that of North Korea, and Amnesty International considers high U.S. maternal mortality rates to be evidence of “significant systemic human rights failures” — not a distinction you’d expect for a wealthy nation like our own.

Rachel was alarmed by Supreme Court nominee — and now justice — Brett Kavanaugh from the start, and put together a withering indictment of him — and that was before the sexual assault allegations came to light. Kavanaugh’s judicial record reveals priorities aligned with religious doctrine rather than with the Constitution: He fought to save religious employers from the “burden” of a two-page form, but refused to recognize an undocumented minor’s unwanted pregnancy as representing any kind of burden. That seat needed to be filled by a justice who views women as equals, with full say over what happens to their bodies — instead, we got Kavanaugh, who will be an axe hanging over our heads for years.

Serena’s favorite piece was published back in March for Women’s History Month, a time to reflect on amazing women who changed history for all humankind. She introduced us to luminaries such as Wendy Davis, Shirley Chisholm, and Dolores Huerta to show us how much power one person can wield! She also used the opportunity to celebrate the right to vote, which millennials and Gen X’ers can wield to honor the suffragists who came before them. These generations cast the most ballots, and if a greater proportion of them voted, their voices would be impossible to ignore!

Maternal Mortality: A National Embarrassment

Americans spend more money on childbirth than any other country, but we’re not getting a good return on our investment.

Less than a century ago, approximately one mother died for every 100 live births — an occurrence so common that nearly everyone belonged to a family, or knew of one, that was devastated by such a loss. Fortunately, in most nations, those tragedies have declined over the years. In fact, in the decade between 2003 and 2013, only eight countries saw their maternal mortality rates rise.

Unfortunately, the United States was one of those eight countries, joining a club that also includes Afghanistan and South Sudan. Within the 31 industrialized countries of the Organization for Economic Cooperation and Development, an American woman is more likely to die as a result of pregnancy than a citizen of any other country besides Mexico. Among developed countries, the United States has one of the highest maternal mortality rates — and those rates are only getting worse.

Graph: CDC

U.S. maternal mortality has attracted the attention of organizations whose oversight you wouldn’t expect. Amnesty International, which most Americans associate with the fight against human rights abuses in far-flung authoritarian regimes, considers our high maternal mortality rates to be a violation of human rights. Additionally — and pathetically — one of the biggest sources of funding for maternal health in the United States comes not from taxpayers but from the pharmaceutical company Merck. The Economist quoted a Merck spokesperson as saying, “We expected to be doing all our work in developing countries.” Continue reading

Bearing the Burden of Injustice: Black Maternal Mortality

Mother and babyWhen it comes to maternal mortality, American women don’t all live in the same country. While white women live in Qatar, black women live in Mongolia.

Maternal mortality is death related to complications from pregnancy or childbirth. Most of us don’t come from a time or place where the prospect of dying in childbirth is a tangible possibility — in the past century, as medicine has advanced, maternal mortality rates have plummeted.


To raise healthy families, we need access to general and reproductive health care, including preventive care, prenatal care, and maternity care.


The United States, though, hasn’t come as far as would be expected. Although its wealth should have put it on par with other developed nations like Canada, the United Kingdom, Australia, Japan, and those in Scandinavia, women in these countries fare far better than those in the United States. So do women in Libya, Bosnia and Herzogovina, Bulgaria, and Kazakhstan, indicating that national priorities — and not necessarily national wealth — are key to ensuring maternal health.

The United States’ high maternal mortality rate is heartbreaking no matter how you look at it, but is even worse for women of color. African-American women are 3.5 times more likely to die as a result of pregnancy or childbirth than white women. Between 2011 and 2013, the maternal mortality rate for white women was 12.7 deaths per 100,000 live births. Comparing that to 2015 data from the World Health Organization (WHO), that rate puts white women’s maternal mortality on par with mothers in Qatar and Bahrain, two wealthy Persian Gulf nations. African-American women, however, suffered 43.5 deaths per 100,000 live births, putting their maternal mortality on par with those of Turkmenistan, Brazil, and Mongolia. Continue reading

Pro-Choice Friday News Rundown

  • I’ve talked about the high rates of maternal mortality among black women many times on this blog before. Yet still I was surprised and horrified to hear that Serena Williams, a woman with significant privilege and resources, could have easily ended up a statistic after the near-death experience she had giving birth to her daughter. (Vice)
  • The crude and overt racist in the White House made some truly abhorrent comments last week, condemning countries and continents with majority black populations as “s**thole countries” while wondering aloud why more people from places like “Norway” don’t immigrate to the U.S. Well, Slate has delved into the differences between how our country treats women and families and how Norway treats women and families, and it’s enlightening to say the least. (Slate)
  • Our xenophobe-in-chief is also “poised to overhaul the HHS civil rights office as part of a broader plan to protect health workers who don’t want to perform abortions, treat transgender patients seeking to transition or provide other services for which they have religious or moral objections.” I have a moral objection to health workers not wanting to treat other human beings who need health care! Health care is a basic human right! (Politico)
  • College campuses in California could see expanded access to abortion for its students. A first-of-its-kind bill in the California legislature would require student health centers at California public colleges and universities to dispense medication abortion. (Rewire)
  • The California story is good news because more and more information is emerging to show that medication abortions are safe and effective, and have very low rates of complications. (The Lily)
  • Some other potential good news: Arizona could become the 10th state to bar mental-health professionals from practicing “conversion therapy,” making attempts to change a minor’s sexual orientation or gender identity illegal. A new bill was introduced into the Legislature last Friday, and we hope with all our hearts it passes! (AZ Central)
  • The Trump administration is determined to push Title X off the rails and once again, the health care of millions of citizens is at risk. (The Hill)
  • Speaker Paul Ryan, a Republican weasel who considers himself “pro-life” (so much so that he has never fostered or adopted any children in need), recently urged us to “have more babies,” but is still playing hardball over funding health insurance for children who’ve already been born. The Democrats need to take a stand and stop.this.madness. Period. (Splinter News)
  • When the likes of Mr. Ryan and other opponents of “entitlements” slash assistance for families in need, everyone suffers as a result. Recent research out of the University of Kansas shows a direct link between a family’s ability to access government assistance, such as TANF, and foster care cases. (Rewire)
  • After losing several court battles in relation to their attempts to bar undocumented immigrant teenage girls from having abortions, the the Trump DOJ has showed its cruel and vindictive true colors. They recently tried to reveal an undocumented teen’s abortion to an uncle who threatened to “beat her” if she terminated her pregnancy. The fact that these people are monsters should be lost on no one at this point. They are fully aware this girl is under a direct threat of violence and instead of protecting her, they’re intentionally putting her at risk of physical harm from an abusive family member. They want this girl punished for having the abortion they tried to prevent. This should chill you to the bone, folks. Seriously. (Slate)

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

  • For the last month and a half, the cruel degenerates of the Trump administration have tried to block Jane Doe, a pregnant, undocumented 17-year-old, from obtaining an abortion. This has honestly been such a heartbreaking story to follow. A little background on her story: Jane (from Central America) attempted to cross the U.S. border into Texas by herself. Before she left, according to reports, she allegedly watched her parents beat her older sister after learning she was pregnant, hitting her with cables and firewood until she miscarried. After being apprehended by immigration officials and taken to a refugee shelter, Jane Doe learned she, too, was pregnant. Unfortunately, because she’s a minor without parental consent, she needed to petition a judge in order to terminate her pregnancy. With the help of an attorney, she obtained permission from the judge but was then refused transport to the medical facility by the Office of Refugee Resettlement — now run by a controlling, anti-choice zealot installed by the Trump administration. For the last seven weeks, she has been at the mercy of these cretins, with her pregnancy advancing against her will. After myriad legal steps, she was finally granted an abortion on Wednesday morning. In summing up this story, I must highlight the words of the author of this piece: “It’s sickening that a helpless teenager, who traveled unknown miles seeking safety, has been denied medical treatment because the U.S. government sees her fetus — and not her — as ‘a child in our care’ deserving of full legal protection.” Sickening indeed. (Broadly)
  • Congresswoman Pramila Jayapal (D-WA) let Scott Lloyd (the current director of the Office of Refugee Resettlement) have it on the matter of Jane Doe. Get ’em Pramila! (The Opposition)
  • Speaking of Scott Lloyd, this utter asshat has suggested in multiple opinion articles that women receiving contraception through federal funding should have to sign a “pledge” promising not to have an abortion and that the Supreme Court’s rulings on abortion infringe on men’s “right to procreation.” Is this punk serious?? (Buzzfeed)
  • Vice interviewed Jane Doe about her ordeal and what it’s been like to have her body be at the mercy of the U.S. government. (Vice)
  • Jane Doe also wrote a powerful open letter that I think should be required reading for everyone. I hope with every fiber of my being that this brave girl will have a bright future. (Jane’s Due Process)
  • This list of the “most sexually diseased states in the U.S.” puts Arizona at No. 19. Obviously it’s not great to be in the Top 20 but at least we’re not No. 1. That distinction goes to Alaska! (Backgroundcheck.org)
  • I have to be honest about how personally devastating it is to type this sentence: “Never in its history has the nation’s family planning safety net been in such jeopardy as it is today.” (American Journal of Public Health)
  • And to compound upon that, please be aware that the GOP is now looking to potentially ban abortion at 6 weeks — which is well before many women even KNOW they’re pregnant. Ugghhhh! (Refinery 29)
  • Speaking of the GOP, ever wonder when they’ll just cop to the fact that they just plain don’t think women should be sexually active? (Marie Claire)
  • I’ve talked about maternal mortality quite a bit in these rundowns over the years, but this even surprised me — “Data collection on maternal deaths is so flawed and under-funded that the federal government no longer even publishes an official death rate.” (ProPublica)
  • I’m not sure if we have any readers in Massachusetts but if so — beware of the fake clinic trying to trick you into believing they provide abortions. It’s a cruel trick and they must be stopped. (Rewire)