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

STD Awareness: The Syphilis Outbreak’s Youngest Victims

Arizona is officially in the midst of a syphilis outbreak that in 2018 claimed the lives of 10 infants. That’s the most babies to die of congenital syphilis in the state’s recent history. In addition to the 10 deaths, another 43 babies were born with syphilis, which can cause severe health problems.

The word “congenital” simply means the baby was born with syphilis after acquiring the infection in the womb. The bacteria that cause syphilis can cross the placenta to reach the fetus — and will do so in 80 percent of pregnancies in which syphilis is untreated. As many as 40 percent of babies infected with syphilis during pregnancy will be stillborn or will die soon after birth. The condition can also cause rashes, bone deformities, severe anemia, jaundice, blindness, and deafness. The good news is that congenital syphilis is almost completely preventable. When it is administered at the appropriate time and at the correct dosage, penicillin is 98 percent effective.


Prenatal care must include screening for syphilis, which can be cured with penicillin but can be deadly if not treated.


Syphilis used to be the most feared STD out there, but rates have been plunging since the discovery of effective antibiotics during the first half of the 20th century. By 2000, syphilis rates hit an all-time low, and many health experts thought the United States was at the dawn of the complete elimination of the disease. But it’s been making a comeback, and between 2013 and 2017 nationwide congenital syphilis rates more than doubled, with the number of affected babies at a 20-year high.

Areas in the southern and western United States have been especially hard hit. Arizona has the sixth-highest congenital syphilis rate in the country, after Louisiana, Nevada, California, Texas, and Florida. Our congenital syphilis rate doubled between 2016 and 2017 — in terms of sheer numbers, most of these cases originated in Maricopa County, but officials say it’s disproportionately affecting rural areas. Gila County, which is east of Phoenix and home to the old mining town Globe, has the highest syphilis rate in the state. Continue reading

Meet Our Candidates: Athena Salman for State Representative, LD 26

The time to fight back — and fight forward — for reproductive justice is fast approaching. The stakes are high in this year’s state election, with candidates for governor, secretary of state, attorney general, and other races on the ballot. The Arizona general election will be held November 6, 2018, and with early voting beginning on October 10. Voters need to be registered by October 9 to cast their ballots. Reproductive health has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who put our health and our rights first. Get to know them now in our series of “Meet Our Candidates” interviews, and make your voice heard in 2018!

Legislative District 26 is a magnet for people who care about Arizona’s most pressing issues: reproductive justice, immigrants’ rights, LGBTQ equality, and strong public education. Given the deep pool of talent from which this district draws, it has a history of exciting legislators who fight for these values at the Capitol. Athena Salman is no exception. After a successful first term, she is running for reelection in order to continue representing her district, which includes Tempe, Mesa, Phoenix, and the Salt River Pima-Maricopa Indian Community.


“If we don’t remain diligent in protecting our rights, then the discrimination we see now will pale in comparison to what’s down the pipeline.”


When Salman began her first term in 2017, she soon joined women from both parties in accusing Rep. Don Shooter (R-Yuma) of sexual harassment. The story ended in February, when the House voted 56 to 3 to expel Rep. Shooter, an event that marked the first time a state lawmaker was ousted from office in the #MeToo era. Around the same time, Salman was making headlines for spearheading the #LetItFlow campaign, bringing awareness to female prisoners’ lack of adequate access to menstrual hygiene products. In both instances, Salman centered her actions on protecting the dignity of women everywhere in the state.

Thanks to her passionate advocacy for these and other issues during her first two years in office, Planned Parenthood Advocates of Arizona is pleased to endorse Rep. Salman for a second term. She took the time to respond to our questions on September 18, 2018.

Since we last spoke, how has your commitment to serving Arizona grown? What has happened during that time to give you hope, and what has happened to strengthen your convictions?

My entire life, my mother’s entire life, even my grandmother’s entire life, for as long as we can remember, women have been harassed and shamed for exercising our constitutional right to reproductive health care and self-determination.

However, from #MeToo to #TimesUp we are seeing women from all backgrounds uniting and saying “Enough is enough!” With Roe v. Wade hanging in the balance, women are raising our voices in the one place where we are truly equal, the ballot, and making sure we are being heard loud and clear. Need proof? This primary election alone saw women in Maricopa County outnumber men in early voting by 65,000. As several have already stated, the future is female. Continue reading

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

Sound Science and Unsound Ideology: Sixty Years of Obstetric Ultrasound

Ultrasound image used in an anti-abortion billboard in Ireland, 2012. Photo: The Vagenda

For decades now, ultrasound technology has been a fixture in the journey from pregnancy to parenthood. It has also become a prized weapon among abortion opponents in the battle over reproductive rights.

Ultrasound, which uses high-frequency sound waves to render images of a developing fetus, had its beginning 60 years ago this week, with the publication of a seminal paper in the British medical journal The Lancet. The development of the technology has a colorful history, one involving flying mammals, German submarines, a desert-dwelling inventor, and countless medical professionals who saw a range of patient care possibilities.


Ultrasound is a powerful tool, which can benefit patients or be used as a cudgel by abortion opponents.


But that colorful history belies the drab and fuzzy appearance of most ultrasounds. That limitation, though, has never stopped it from taking on enormous significance. When the technology was first developed, it gave obstetricians an unprecedented ability to survey fetal development, making it one of the most important advances in their field during the latter half of the 20th century.

By the same token, ultrasound has not only been a valuable medical tool but also a powerful storytelling tool. Today, it is often put to use four or more times before a patient’s due date. While the FDA and other authorities advise against ultrasounds that aren’t medically necessary — recommending just two for a low-risk pregnancy — many patients opt for additional, elective ultrasounds for the sake of having keepsake images. Posting those images online has become a popular way to share their news with family and friends. Continue reading

Learning About Alcohol and Drug-Related Birth Defects

The week of May 14 is Alcohol and Drug-Related Birth Defects Awareness Week. According to the National Council on Alcoholism and Drug Dependence:

About 20% of pregnant women smoke cigarettes, 12% drink alcohol and 6% use an illicit drug at least once during pregnancy. These numbers are very alarming. If only people knew the dangers of their decisions, perhaps we would be looking at something more acceptable in those numbers.

So what are some of the dangers posed by these substances to a developing fetus?

Effects of Tobacco Use

According to the Centers for Disease Control and Prevention, the fetus gets less oxygen when the mother smokes. Smoking during pregnancy is a risk factor for low birth weight, preterm birth, placenta problems, miscarriage, and sudden infant death syndrome (SIDS).

Effects of Alcohol Use

I have written about the effects of alcohol use during pregnancy before — in fact, it was the subject for the first article I wrote for this blog.

Alcohol easily passes through the placenta, so when a pregnant woman drinks, so does her fetus. Continue reading

Brothers in Arms, Part 1: Racist Anti-Abortion Rhetoric from the Restell Years to Roe v. Wade

Newspaper illustration of Madame Restell in jail, February 23, 1878

This article is our first installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion, from the fears of immigration that fueled abortion prohibition in the late 1800s to the gender-based hatred rooted in today’s white nationalist resurgence.

In the battle over abortion, Kentucky was this year’s ground zero. In Louisville, the EMW Women’s Surgical Center fought to keep its doors open, as a governor, a legislature, and a base of activists — all hostile to abortion — made it their mission to shut the clinic down. For reproductive justice advocates, the stakes were high, as EMW stands as the only abortion provider in Kentucky, the last one in a state that had more than a dozen such providers in the late 1970s.


In the 19th century, opposition to abortion was fueled by racist paranoia.


The situation in Louisville was emblematic of a national phenomenon. In 2011, state legislatures entered a fever pitch, passing new restrictions on abortion, including ultrasound requirements, waiting periods, state-mandated counseling, and prohibitions against telemedicine care and abortion medications. Within a few years, more than 200 restrictions were enacted, and by early 2016, The Washington Post was reporting that 162 abortion providers had closed in their wake.

Boom Years for Abortion

When Ann Lohman first opened her abortion practice, her experience could not have stood in starker contrast to the battle of attrition against regulations and harassment that shutters many of today’s providers. If there were any challenges to keeping her doors open, it was competing with the many other providers who clamored for attention, with advertisements in newspapers, popular magazines, and even religious publications. Lohman’s own advertising budget, to stand out from the crowd, eventually reached $60,000 a year.

Lohman’s experience, like the EMW Center’s, was a sign of the times — but they were very different times.  Continue reading