THE WAR ON WOMEN ; MANSLAUGHTER LAWS IN MISSISSIPPI TO BE USED FOR MURDER CONVICTION OF MOTHERS WHO MISCARRY OR HAVE STILLBIRTHS

 


The war against woman's rights has reached unthinkable levels in less than 5 years.   Although the attempt at suppressing abortion rights has been an ongoing agenda for the religious right, the new proposals in several states are reaching medieval standards.

In Mississippi, politicians on the right are trying to pass legislation that would make a woman culpable of murder if she has a miscarriage or stillbirth and cannot scientifically prove that she did not have a hand in it, and maybe even with scientific proof of her innocence. 

In 2009 a woman in Mississippi named Nina Buckhalter was jailed after she gave birth to a stillborn baby.  

A grand jury indicted the 29 year woman for felonious murder of her child, through culpable negligence. 

The mother was a meth addict, and it was decided that her addiction had caused the child's death.  

The trial, which is set to begin soon, will set a dangerous precedent in women's right caes.  
In an attempt to stop abortion, right wing politicians and activists are trying to make a fetus into a person, and with that will come possibilities that are reminiscent of the dark ages.

One of the laws cited in the indicted against Buckhalter, is the provision that "an unborn child at every stage of gestation from conception until live birth" is a human being whose death can be made a homicide if there is a way to connect that death to any action by the mother.

In this case, the problem that becomes obvious is that the people who are trying to establish 'personhood' for a fetus do not need to overturn Roe vs Wade to completely block reproductive rights.  They are going to circumvent it through these kinds of laws, or the far fetched interpretation of manslaughter laws and similarly intended legislation. 

Women in essence are being reduced to a walking uterus, without an iota of self determination.  What happens when they are impregnated becomes a thing much greater than themselves.  What is growing in their body will take precedence over the rights of the mother in any way possible or conceivable, with no regards even for the mother's safety or survival. 

Stillbirths, furthermore, are events whose cause is very hard to ascertain.  And there is also no certain evidence that drug use is the culprit when a child is miscarried or dies at birth.  So using a manslaughter law to obtain an indictment is even more grievous. 

What is more worrying, is the fact that on the heels of such an indictment and possible sentence, will come potentially other indictments for all sorts of supposed contributing factors to a miscarriage or stillbirth. Some of them are alcohol, smoking, drugs, exercising, falling down, fainting, obesity, hypertension, unpasteurized cheese, eating raw fish, lunch meats, meat that is undercooked, etc., etc.

More than 400 cases so far have been brought to court against women under similar circumstances.  In Mississippi using drugs during pregnancy is now prosecutable under the 'chemical endangerment' interpretation.  

Mississippi is the battleground for abortion rights.  It has only one abortion clinic remaining.  And there are fierce attempts under way to close that one too by 2015.  

But the lawmakers will not have to struggle very hard to make their case.  When the law already provides that "a child at every stage of gestation" that dies through abortion or other cause is dead by homicide, even an exemption for abortion will not be enough to safeguard the dwindling reproductive rights in that state, nor keep women safe from harm if they miscarry or give birth to a stillborn child.

 Partial Source : MoJo / 5.23.13

 

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