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

Ending a Wanted Pregnancy: Jacqueline’s Story

The following guest post comes to us via Jacqueline M.

My name is Jacqueline. I’m 31, part of the upper-middle class, happily married to the love of my life, and I had a second-trimester abortion.

My world turned upside down on February 4, 2019. At my 19.5-week ultrasound, the tech became strangely quiet following several minutes of joking with my husband and me. I thought nothing of it as my eyes obsessed over every inch of my little girl on the screen. The ultrasound complete, I cleaned the cold gel off of my belly and eagerly dressed to go speak with my PA.


“As all of my daydreams about raising a child vanished in an onslaught of medical terminology, my husband and I knew one thing: We could not put our daughter through the brief life of agony that awaited her.”


When she walked in the door, I excitedly gushed my questions and observations, which she answered without the enthusiasm I had come to expect during my appointments with her. When I finally paused, she looked me in the eye and said, “We’ve noticed what looks to be an omphalocele. Your daughter will need surgery the moment she is born to put her intestines back inside of her, but there is a 90 percent survival rate. There is also a 3-inch cyst on your ovaries. It’s so large that we can’t tell whether it’s on one or both, and we need to send you to a high-risk prenatal doctor.”

Sad and afraid, but determined, we went to see the high-risk OB the very next day. I was given a detailed level 2 ultrasound by a tech, and I took in all of the tiny details of my little girl that I wasn’t able to enjoy from the quality of my routine images: her tiny toes, a dainty hand, the small curve in her button nose. I gobbled her up, my daughter, my first child, still completely unaware of how terribly wrong my pregnancy had gone. Continue reading

Pro-Choice Friday News Rundown

  • ribbonsThe imbeciles in the state of Kentucky are trying to say that a ban on gay marriage isn’t discriminatory because it bars both gay and straight people from same-sex unions. To me, this is akin to saying you’re going to ban breastfeeding in public places, but you’re going to ban both men and women from breastfeeding, and thus, it’s not discrimination against women! See, magical thinking! No logic necessary!! (ABC News)
  • Arizona Republicans are such big fans of lying that they’ve passed a law that requires doctors to lie to women about abortions being reversible. (The Guardian)
  • Tampons may one day help detect endometrial cancer. (Smithsonian Mag)
  • Why settle for No. 3 when you can strive for No. 1? Apparently, Texas isn’t satisfied having *only* the third highest HIV infection rate in the country, so they’ve cut funding for HIV screenings in favor of abstinence education. Makes all the sense in the world, doesn’t it? #CompassionateConservatism (RH Reality Check)
  • Looks like the fate of Texas will soon be very similar to that of Scott County, Indiana. Planned Parenthood was the county’s sole provider of HIV testing, but the state cut funding and several clinics were forced to close. They’re now suffering an HIV outbreak that its governor has called “an epidemic.” (HuffPo)
  • Speaking of Indiana, their ”religious freedom” bill caused a huge ruckus this week. But instead of just repealing the stupid thing, they’ve “revised it” to ban businesses from denying services to people on the basis of sexual orientation and gender identity. (IndyStar)
  • Wow, so Indiana just keeps on delivering the worst of the worst, don’t they? Purvi Patel has been sentenced to 20 years in prison for feticide and “neglect of a dependent” for having a miscarriage that may have been caused by an abortion pill. She’s not the first woman to face such charges, and these predatory, intrusive laws pretty much guarantee she won’t be the last. (MSNBC)
  • We often hear about what miscarriages cost women emotionally, but what about the financial cost? It’s pretty steep. One woman’s miscarriage cost her tens of thousands of dollars in medical bills. (Slate)
  • Maryland has opened an abortion clinic that’s being compared to a “spa.” Naturally, women being able to receive kindness and comfort while undergoing a completely legal medical procedure has some people outraged. (WaPo)
  • The Navajo Nation is being referred to as a “condom desert.” (Al Jazeera America)
  • Hard to express how heartbreaking a read this last piece is — women in abusive relationships suffer in ways many people just can’t fully grasp. They are more likely to contract HIV and less likely to use birth control. And when they do use birth control, it often has to be done via “secret” methods. (Jezebel)

Over 90 Percent of What Planned Parenthood Does, Part 24: Miscarriage Management and Counseling

Welcome to the latest installment of “Over 90 Percent of What Planned Parenthood Does,” a series on Planned Parenthood Advocates of Arizona’s blog that highlights Planned Parenthood’s diverse array of services — the ones Jon Kyl never knew about.

holding handsMiscarriage. It’s a common occurrence — at least 10 to 15 percent of all pregnancies end this way — but one that is not often spoken about. When carrying a wanted pregnancy, its sudden loss can trigger a range of emotions. During this time, Planned Parenthood can help.


There is no “right” or “wrong” way to feel after having a miscarriage.


What Is Miscarriage?

When a pregnancy ends before it has reached the 20-week mark, a miscarriage has occurred; most miscarriages occur within the first eight weeks of pregnancy. Pregnancy loss after the 20-week mark is called stillbirth, and while it isn’t as common as miscarriage, stillbirth occurs in 1 out of 160 pregnancies.

Signs of a miscarriage include vaginal bleeding or spotting, severe abdominal pain or cramping, pain or pressure in the lower back, or a change in vaginal discharge. These symptoms aren’t specific to miscarriage — they could indicate other problems, so visit a health-care provider if you experience them during your pregnancy.

After a miscarriage, you might have pregnancy-related hormones circulating in your body for one or two months. Your period will most likely return within 4 to 6 weeks. While you may be physically ready to get pregnant again after you’ve had a normal period, you might want to consult with a health-care provider about the need for medical tests. You also might need to think about when you will be emotionally ready to try for another pregnancy. Continue reading