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

A Gentle, Compassionate Man: Remembering Dr. George Tiller

Dr. Tiller’s memory is honored at a vigil in San Francisco, June 1, 2009. Photo: Steve Rhodes

Ten years ago this week, Dr. George Tiller was murdered in church on Sunday morning, May 31, 2009. Since the the Supreme Court’s 2014 ruling in McCullen v. Coakley, which ended buffer zones at abortion clinics, violence in the anti-abortion movement has increased, as has racist violence, since the 2016 election. Leaders of what became the Christian right first mobilized their congregants to political action after private Christian schools were forced to integrate or lose tax-exempt status, and abortion was chosen by these leaders as the issue to keep their followers politically involved.


People who know nothing about the complex medical and personal needs that lead to late abortions tell stories that sow mass hysteria among abortion opponents.


When I volunteered to write something commemorating this sad anniversary, I was thinking of the connection between racism and the religious right, and of recent murders in churches, synagogues, and mosques. In this political moment, with the religious right passing flagrantly unconstitutional laws against abortion to get a case to the Supreme Court that would overturn Roe v. Wade, with the government itself stepping up violence against minorities and women, revisiting Dr. Tiller’s assassination seemed more crucial than ever.

But the more I learned about Dr. Tiller, the more I was captivated by the man and the doctor, by his essential decency and kindness, his commitment to his patients, and the way those who knew him felt about him. So, rather than a political argument, this post will be a tribute to Dr. George Tiller, using his own words and the words of those who knew and worked with him. 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

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

STD Awareness: The Good, the Bad, and the Ugly

Sexually transmitted diseases (STDs) have been with us since the dawn of time — or at least since the dawn of sex. And, as we continue to hone our approach to preventing and treating them, STDs will always grab headlines, whether the news is bad or good.

The Good

Can the HIV epidemic be stopped?

For more than a decade, AIDS, the illness caused by HIV, was seen as a death sentence. It wasn’t until the mid-’90s that antiretroviral drugs kept the virus in check, prolonging lifespans for people with access to these medications and transforming the infection into a chronic disease. Now, those dreaming of an end to HIV are seeing reasons for optimism. No, a cure isn’t in the works — but many researchers believe we can end the epidemic through prevention.

Ending HIV transmission will take money and an efficient health care infrastructure, but we have the tools to do it. It starts with expanding access to HIV testing — an estimated 15 percent of Americans with HIV are unaware of their status. The next step is to ensure that everyone testing positive has access to antiretroviral drugs. When used correctly, these medications keep viral levels so low that the chances of transmission are virtually nonexistent. More recently, medications called PrEP — pre-exposure prophylaxis — enable people without HIV to protect themselves from infection. Condoms, of course, are a time-tested prevention tool. Gathered together, we have a pretty mighty arsenal. Here in the United States, we could stop HIV transmission in its tracks in just a handful of years. Of course, people all around the world will need access to testing and treatment to halt this scourge on a global level. Continue reading

Women Against Forced Breeding

Justice for Jane demonstration. Photo: Karen Thurston

Why are these women, awash in a sea of “pink slips,” all of whom have had abortions, standing on the steps in front of the Department of Housing and Urban Development in late February 2018, demonstrating live on YouTube? Why are they demanding the firing of the director of the Office of Refugee Resettlement, Scott Lloyd, the bureaucrat who forces young women to breed against their will?

Why are we protesting? Because we are not having it! And neither is Sen. Patty Murray, who took to the floor of the Senate to amplify our views, pointing out that, once again, our government has overstepped its authority, ignored the rule of law, and allowed one man’s ideology and/or religion to determine the rules for women in his custody. And neither is the House Pro-Choice Caucus having it, as members lined up soon after the protest to sign a “pink slip” to terminate Lloyd.

House Pro-Choice Caucus members Zoe Lofgren, Diana DeGette, and Jerrold Nadler sign “pink slip” to terminate Scott Lloyd. Photo: @RepJerryNadler

Here is the latest story in the long line of stories about our government’s disrespect for women.

Teenager Jane Doe escaped an abusive Salvadoran family and entered the United States as an undocumented, unaccompanied minor. She was detained in Texas and placed in the custody of the Office of Refugee Resettlement (ORR), which is responsible for sheltering these youth. When she discovered she was pregnant she asked for an abortion. So, imagine Jane, alone in a foreign country, uncertain of her immigration prospects, but holding onto dreams for a better future for herself. Unfortunately for her, the ORR is headed by an ideologue named Scott Lloyd. Continue reading

What’s in a Name? Frances Oldham Kelsey and the Power of Skepticism

If Dr. Frances Oldham Kelsey had been named Mary, Helen, or Dorothy, it’s possible that thousands of babies would have died or been born with debilitating birth defects.

In the mid-1930s, after earning a master’s degree in pharmacology in her native Canada, Frances Oldham wrote to Eugene Geiling, a researcher at the University of Chicago, asking to work in his lab and study for a doctorate. Assuming Frances was a man, Dr. Geiling replied with an offer of a scholarship, addressing the letter to “Mr. Oldham.”


Dr. Kelsey upends the stereotype of the government bureaucrat. She saved lives by being a stickler for details.


Reflecting on the incident in an autobiography, she remembered Dr. Geiling as a “very conservative and old-fashioned” man who “did not hold too much with women as scientists.” His assumption that Frances Oldham was male might have played a role in her scholarship and subsequent education, which prepared her for a career that touched every American.

From an Early Victory in Chicago to a New Career in Washington, D.C.

After moving to Chicago, Frances Oldham earned a doctorate in pharmacology in 1938 and a medical degree in 1950. Along the way, she got married, becoming Dr. Frances Oldham Kelsey, and gave birth to two daughters.

Her work in Dr. Geiling’s lab provided early experience in unraveling medical mysteries. In 1937, more than 100 people, including 34 children, died after taking a liquid sulfa drug formulated with an artificial fruit flavor. Dr. Geiling’s team of scientists soon identified the problem: The medicine was composed primarily of antifreeze — along with the active ingredient, coloring, and flavorings. It was sent to market with no testing. Public outrage led to the 1938 passage of the Food, Drug, and Cosmetic Act, which required manufacturers to provide evidence to the FDA that their drugs were safe. Continue reading