PDA

View Full Version : Republican Misogyny-Death Penalty for Miscarriage!



Gayle in MD
11-10-2011, 08:12 AM
Ga. Law Could Give Death Penalty for Miscarriages
—By Jen Quraishi

| Wed Feb. 23, 2011 4:32 AM PST
It's only February, but this year has been a tough one for women's health and reproductive rights. <span style='font-size: 14pt'>There's a new bill on the block that may have reached the apex (I hope) of woman-hating craziness. Georgia State Rep. Bobby Franklin—who last year proposed making rape and domestic violence "victims" into "accusers"—has introduced a 10-page bill that would criminalize miscarriages and make abortion in Georgia completely illegal. Both miscarriages and abortions would be potentially punishable by death: any "prenatal murder" in the words of the bill, including "human involvement" in a miscarriage, would be a felony and carry a penalty of life in prison or death. Basically, it's everything an "pro-life" activist could want aside from making all women who've had abortions wear big red "A"s on their chests.</span>I doubt that a bill that makes a legal medical procedure liable for the death penalty will pass. The bill, however, shows an astonishing lack of concern for women's health and well-being.

Under Rep. Franklin's bill, HB 1, <span style='font-size: 14pt'>women who miscarry could become felons if they cannot prove that there was "no human involvement whatsoever in the causation" of their miscarriage. </span><span style='font-size: 14pt'>There is no clarification of what "human involvement" means, and this is hugely problematic as medical doctors do not know exactly what causes miscarriages. Miscarriages are estimated to terminate up to a quarter of all pregnancies and the Mayo Clinic says that "the actual number is probably much higher because many miscarriages occur so early in pregnancy that a woman doesn't even know she's pregnant. Most miscarriages occur because the fetus isn't developing normally."</span>

Holding women criminally liable for a totally natural, common biological process is cruel and non-sensical. Even more ridiculous, the bill holds women responsible for protecting their fetuses from "the moment of conception," despite the fact that pregnancy tests aren't accurate until at least 3 weeks after conception. Unless Franklin (who is not a health professional) invents a revolutionary intrauterine conception alarm system, it's unclear how exactly the state of Georgia would enforce that rule other than holding all possibly-pregnant women under lock and key.

I've seen a lot of anti-woman, hate-filled bills this year, but this one takes the cake. And it's not just anti-woman, it's anti-logic. The bill contends that Georgia is exempt from upholding Supreme Court decisions like Roe v. Wade because the Constitution's Article I only governs five crimes: counterfeiting, piracy, high seas felonies, offenses against the law of nations, and treason. According to the bill, since murder is not one of those five crimes, it should be solely governed by the state. The bill also mandates that doctors must try to save the mother and the fetus, even though as we know, there are many situations in which both cannot be saved. It also changes medical terminology, re-designating all zygotes, embryos, and concepti as fetuses. In the bill's logic, a fertilized egg is the same as a person, and its destruction is murder. Sometimes even a fertilized egg will fail to adhere to the uterine lining, so would that make a uterus a murderer? At least the bill doesn't propose instituting pro-life Stork Bucks or outlawing "space abortions"...yet.





http://motherjones.com/blue-marble/2011/02/miscarriage-death-penalty-georgia

eg8r
11-10-2011, 10:11 AM
<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">including "human involvement" in a miscarriage</div></div>Someone should force Franklin to clarify this since it absolutely meets the definition of abortion and not miscarriage.

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">women who miscarry could become felons if they cannot prove that there was "no human involvement whatsoever in the causation" of their miscarriage. There is no clarification of what "human involvement" means, and this is hugely problematic as medical doctors do not know exactly what causes miscarriages.</div></div>Looks like the author and I agree on this. This bill is ridiculous if it is going to try and go this far.

eg8r

sack316
11-10-2011, 02:07 PM
hmmmm... sounds very overstepping to me. But did read the bill and found an easy end around in section 2.17 of the bill (which rewords Code Section 31-10-29)as follows...

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">"(a) Any person having knowledge or facts concerning any birth, death, spontaneous fetal death, marriage, <s>induced termination of pregnancy</s>, divorce, dissolution of marriage, or annulment may disclose such facts to the state registrar, and such disclosure shall be absolutely privileged and no cause or action may be brought or maintained against such person for such disclosure." </div></div>

Some may interpret it differently, but sounds to me like it unwittingly grants privilege and immunity to one who reports any related facts to a fetal death (with the exception of abortion it seems w/ the stricken text).

I think this law is stupid and hope it won't pass... but seems if it does a woman could "self report" and technically be given immunity by the very law which infringes on her rights.

Just my loophole finding self thinking there, I could be wrong or misinterpreting it.

Link to the bill here (http://www1.legis.ga.gov/legis/2011_12/fulltext/hb1.htm)

Sack

Gayle in MD
11-10-2011, 02:54 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sack316</div><div class="ubbcode-body">hmmmm... sounds very overstepping to me. But did read the bill and found an easy end around in section 2.17 of the bill (which rewords Code Section 31-10-29)as follows...

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">"(a) Any person having knowledge or facts concerning any birth, death, spontaneous fetal death, marriage, <s>induced termination of pregnancy</s>, divorce, dissolution of marriage, or annulment may disclose such facts to the state registrar, and such disclosure shall be absolutely privileged and no cause or action may be brought or maintained against such person for such disclosure." </div></div>

Some may interpret it differently, but sounds to me like it unwittingly grants privilege and immunity to one who reports any related facts to a fetal death (with the exception of abortion it seems w/ the stricken text).

I think this law is stupid and hope it won't pass... but seems if it does a woman could "self report" and technically be given immunity by the very law which infringes on her rights.

Just my loophole finding self thinking there, I could be wrong or misinterpreting it.

Link to the bill here (http://www1.legis.ga.gov/legis/2011_12/fulltext/hb1.htm)

Sack </div></div>

I've watched a number of people who are considered experts, both in the medical field, and representatives in the Congress, discuss this bill, and every one that I happened to hears, including associations like the National Organization for Women, Debbie Wasserman Shultz, Daine Feinstien, and several attorneys, have stated that the law is dangerous for women, and could lead to a woman being indicted for murder, if she were to have a miscarriage....

I'm not one hundred percent sure that it was this particular one, but pretty sure. There are actually quite a few laws which have been written by Pro Life Repigs, all of them aimed at criminalizing a woman's right to own her ownn body, and many of them aimed at removing health care, certain tests for detecting cancer, access for birth control, etc., etc., which, IMO, reflects a range of the Repiglican/religious WAR On Women, and their rights, and well being, in this country,.... laws which put the overall health and well being of women, on the back burner, behind a thimble full of dividing cells.

I find that disgusting, and archaic.

G.

sack316
11-10-2011, 03:06 PM
As it sits right now, I'm in full agreement with you on this one Gayle. I think this bill was written poorly (obviously since little ol' me found a loophole) and failed to deliver on specifics in the details of what it says... leaving it <u>way</u> too open to interpretation.

The only good I see in it would be that technically were an offender to assault a pregnant woman and cause a miscarriage, that offender could be tried for murder. But to be honest I'm not sure if that can or cannot be done already under current law anyway.

Sack

Gayle in MD
11-10-2011, 03:13 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: sack316</div><div class="ubbcode-body">As it sits right now, I'm in full agreement with you on this one Gayle. I think this bill was written poorly (obviously since little ol' me found a loophole) and failed to deliver on specifics in the details of what it says... leaving it <u>way</u> too open to interpretation.

The only good I see in it would be that technically were an offender to assault a pregnant woman and cause a miscarriage, that offender could be tried for murder. But to be honest I'm not sure if that can or cannot be done already under current law anyway.

Sack </div></div>

Yes, that is already a law. Lacy Peterson....if a person causes the death of a pregnant woman, it is considered as two murders.

G.