Pregnancy Justice

Last updated
Pregnancy Justice
Types nonprofit organization
Legal status 501(c)(3) organization
Headquarters New York City
CountryUnited States
Coordinates 40°45′18″N73°59′30″W / 40.75511°N 73.9918°W / 40.75511; -73.9918 OOjs UI icon edit-ltr-progressive.svg
Revenue2,593,376 United States dollar (2019)
Website www.pregnancyjusticeus.org  

Pregnancy Justice is a 501(c)(3) organization "dedicated to defending the rights of pregnant people against criminalization and other rights violations because of pregnancy and all pregnancy outcomes." [1] It was founded in 2001 by Lynn Paltrow [2] as National Advocates for Pregnant Women (NAPW), supporting pro-choice. [3] They changed their name to "Pregnancy Justice" November 15, 2022. [4] Their work has included documenting "over 1,700 cases of pregnancy-related arrests, detentions and equivalent deprivations of physical liberty from 1973 to 2020." [5]

Contents

Precursor

Roughly 14 years before founding NAPW, Paltrow defended Pamela Rae Stewart, a woman from El Cajon, 17 miles (27 km) east of downtown San Diego, California, who had been jailed for six days on charges that she contributed to her infant son's death by ignoring a doctor's orders during pregnancy. On February 26, 1987, a San Diego Municipal Court judge "ruled that the San Diego County district attorney’s office erred in using a law concerning child support to prosecute Stewart for failing to provide proper medical care for her unborn son." [6] "The boy was born brain dead Nov. 23, 1985, and died Jan. 1, 1986. A coroner's report lists maternal drug abuse as a contributing factor in the death." [7] Paltrow was part of the American Civil Liberties Union’s Reproductive Freedom Project at that time. [6]

Recognition

The work of NAPW, now Pregnancy Justice, has been cited as background in discussing prosecutions of multiple women for miscarriages, stillbirths, or other problems with pregnancy. For example, in January 2020 Brittney Poolaw miscarried her four-month old fetus in Oklahoma. In October 2021 she was convicted of manslaughter and sentenced to four years in prison, because she had been using illicit drugs when pregnant. A BBC News report on that sentence noted that the National Advocates of Pregnant Women (NAPW) had recorded 1,600 such cases between 1973 and 2020, "with about 1,200 occurring in the last 15 years alone." [8]

Almost a year later Chelsea Becker began talking publicly about her experience with 16 months in jail in King County, California, before charges were dismissed "for lack of evidence", after a pregnancy ended in a stillbirth in 2019. During that pregnancy she had been homeless and addicted to methamphetamine, for which she was charged with "murdering her unborn son at 38 weeks of pregnancy." An ABC News discussion of Ms. Becker's case noted that by that time, September 28, 2021, NAPW had documented over 1,700 such cases since 1973. [9]

When and where is a fetus a person?

A December 2022 report by Pregnancy Justice provides a detailed review (62 pages with 416 footnotes) carefully documenting the status of fetal personhood and its implications in the US. [10] For example, Missouri law declares that life begins at conception. That raise multiple questions, including whether the failure to implant a fertilized egg can be prosecuted as murder. GOP efforts to classify a fertilized ovum as a person elsewhere have met with limited success because of the popularity of in vitro fertilization (IVF). However, Pregnancy Justice urges their supporters to be vigilant about this issue. [10]

When a six month old fetus was killed with its mother in 2021, the Missouri Department of Transportation (MODOT) said that fetus was an employee, because the mother was on duty as a MODOT employee at the time, and Missouri law shields employers from wrongful death lawsuits when an employee dies on the job. [11]

Related Research Articles

<span class="mw-page-title-main">Multiple birth</span> End of a multiple pregnancy where two or more offspring are born

A multiple birth is the culmination of one multiple pregnancy, wherein the mother gives birth to two or more babies. A term most applicable to vertebrate species, multiple births occur in most kinds of mammals, with varying frequencies. Such births are often named according to the number of offspring, as in twins and triplets. In non-humans, the whole group may also be referred to as a litter, and multiple births may be more common than single births. Multiple births in humans are the exception and can be exceptionally rare in the largest mammals.

<span class="mw-page-title-main">Stillbirth</span> Death of a fetus before or during delivery, resulting in delivery of a dead baby

Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can often result in the feeling of guilt or grief in the mother. The term is in contrast to miscarriage, which is an early pregnancy loss, and Sudden Infant Death Syndrome, where the baby dies a short time after being born alive.

The abortion debate is a longstanding, ongoing controversy that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate most visibly polarizes around adherents of the self-described "pro-choice" and "pro-life" movements. Pro-choice supporters uphold that individuals have the right to make their own decisions about their reproductive health, and that they should have the option to end a pregnancy if they choose to do so, taking into account various factors such as the stage of fetal development, the health of the mother, and the circumstances of the conception. Pro-life advocates, on the other hand, maintain that a fetus is a human being with inherent rights that cannot be overridden by the mother’s choice or circumstances, and that abortion is morally wrong in most or all cases. Both terms are considered loaded in mainstream media, where terms such as "abortion rights" or "anti-abortion" are generally preferred.

<span class="mw-page-title-main">Unborn Victims of Violence Act</span> Law that recognizes an embryo or fetus as a legal victim

The Unborn Victims of Violence Act of 2004 is a United States law that recognizes an embryo or fetus in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb."

<span class="mw-page-title-main">Pregnancy</span> Time of offspring development in mothers body

Pregnancy is the time during which one or more offspring develops (gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins.

Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries.

The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.

Abortion is illegal in El Salvador. The law formerly permitted an abortion to be performed under some limited circumstances, but in 1998 all exceptions were removed when a new abortion law went into effect.

In Judaism, views on abortion draw primarily upon the legal and ethical teachings of the Hebrew Bible, the Talmud, the case-by-case decisions of responsa, and other rabbinic literature. While all major Jewish religious movements allow or encourage abortion in order to save the life of a pregnant woman, authorities differ on when and whether it is permitted in other cases.

Pregnancy rate is the success rate for getting pregnant. It is the percentage of all attempts that leads to pregnancy, with attempts generally referring to menstrual cycles where insemination or any artificial equivalent is used, which may be simple artificial insemination (AI) or AI with additional in vitro fertilization (IVF).

<span class="mw-page-title-main">Beginning of human personhood</span> Opinion as to the precise time when human personhood begins

The beginning of human personhood is the moment when a human is first recognized as a person. There are differences of opinion as to the precise time when human personhood begins and the nature of that status. The issue arises in a number of fields including science, religion, philosophy, and law, and is most acute in debates relating to abortion, stem cell research, reproductive rights, and fetal rights.

Fetal abduction refers to the rare crime of child abduction by kidnapping of an at term pregnant woman and extraction of her fetus through a crude cesarean section. Dr. Michael H. Stone and Dr. Gary Brucato have alternatively referred to this crime as "fetus-snatching" or "fetus abduction." Homicide expert Vernon J. Geberth has used the term "fetal kidnapping." In the small number of reported cases, a few pregnant victims and about half of their fetuses survived the assault and non-medically performed cesarean.

Foeticide, or feticide, is the act of killing a fetus, or causing a miscarriage. Definitions differ between legal and medical applications, whereas in law, feticide frequently refers to a criminal offense, in medicine the term generally refers to a part of an abortion procedure in which a provider intentionally induces fetal demise to avoid the chance of an unintended live birth, or as a standalone procedure in the case of selective reduction.

Personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a legal person has rights, protections, privileges, responsibilities, and legal liability.

<span class="mw-page-title-main">2010 Colorado Amendment 62</span> Ballot measure in Colorado that would have banned abortion

Colorado Amendment 62 was an initiated constitutional amendment that appeared on the November 2, 2010 ballot defining personhood as “every human being from the beginning of the biological development of that human being.” It sought to ban abortion in the state of Colorado and challenge Roe v. Wade.

<span class="mw-page-title-main">Born alive laws in the United States</span>

Born alive laws in the United States are fetal rights laws that extend various criminal laws, such as homicide and assault, to cover unlawful death or other harm done to a fetus in utero or to an infant that has been delivered. The basis for such laws stems from advances in medical science and social perception, which allow a fetus to be seen and medically treated as an individual in the womb and perceived socially as a person, for some or all of the pregnancy.

Chemical endangerment is the crime of exposing a child to a controlled substance or an environment in which it is produced. It was added to the Alabama legal code in 2006, with the intention of protecting children from methamphetamine laboratories. Since then, it has been used to prosecute women who give birth to children that test positive for harmful drugs and also THC, the active ingredient in marijuana.

Bei Bei Shuai is a Chinese immigrant to the United States who became the subject of international public attention from 2011 to 2013, when the authorities of the state of Indiana charged her with murder and attempted feticide after her suicide attempt allegedly resulted in the death of the fetus with which she was pregnant. In Britain, The Guardian described Shuai's case, as well as those of other women who lose their pregnancies in cases of maternal drug addiction or a suicide attempt, as part of a "creeping criminalisation of pregnancy across America".

Purvi Patel is an Indian American whose conviction and sentence to 20 years in prison in Indiana for feticide and child neglect was overturned by the Indiana Court of Appeals. The court pointed out that the lower court's ruling had been an "abrupt departure" from the intent of the feticide law as shown by prior usage, which consisted of cases in which a pregnant woman and her unborn child were the victims of violence. The court also said that it was not possible to claim that lawmakers had intended the feticide law to be used to prosecute women trying to abort because the state abortion laws had already since the 1800s explicitly protected pregnant women from prosecution. "The state's about-face in this proceeding is unsettling, as well as untenable" under prior court precedent, Judge Terry Crone wrote in the ruling. The court said that Patel endangered the child by not seeking medical care but that prosecutors failed to prove that her failure to do so resulted in the child's death.

Alabama v. Jones was a U.S. legal case that took place in the state of Alabama. The case is notable as the first attempt, at least in the state, to charge a pregnant woman for suffering a miscarriage. The case was of special interest to feminist groups and reproductive rights groups. A grand jury charged her with manslaughter but the prosecutors ultimately dismissed the case.

References

  1. Pregnancy Justice, Wikidata   Q30288051 , accessed 2023-06-01.
  2. Lynn M. Paltrow, Wikidata   Q118959099 Lynn Paltrow, Wikidata   Q118959105
  3. Pregnancy Justice, Wikidata   Q30288051 , "About Us", accessed 2023-06-01.
  4. National Advocates for Pregnant Women Changes Name to Pregnancy Justice, Pregnancy Justice, 15 November 2022, Wikidata   Q118958626
  5. Michelle Onello (17 May 2023). "A Pioneer in the Fight for Pregnancy Justice: The Ms. Q&A With Lynn Paltrow". Ms. ISSN   0047-8318. Wikidata   Q118958719.
  6. 1 2 Jenifer Warren (27 February 1987). "Woman Is Acquitted in Test of Obligation to an Unborn Child". Los Angeles Times . ISSN   0458-3035. Wikidata   Q118959241.
  7. "A judge dismissed Thursday the criminal prosecution of a..." United Press International . 26 February 1987. Wikidata   Q118959343.
  8. Robin Levinson-King (12 November 2021). "US women are being jailed for having miscarriages". BBC News . Wikidata   Q118959434.
  9. Devin Dwyer; Patty See (28 September 2022). "Prosecuting pregnancy loss: Why advocates fear a post-Roe surge of charges". ABC News . Wikidata   Q118959444.
  10. 1 2 Katherine Fleming; Emma Roth (December 2022), When Fetuses Gain Personhood: Understanding the Impact on IVF, Contraception, Medical Treatment, Criminal Law, Child Support, and Beyond (PDF), Pregnancy Justice, Wikidata   Q118978039
  11. Bram Sable-Smith (3 May 2023). "Can a fetus be an employee? States are testing the boundaries of personhood after Dobbs". CBS News . Wikidata   Q118978161.