Mississippi Personhood Amendment
Oct. 13th, 2011 12:15 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
lawbardReposted from many sources. My own thoughts under the cut at the end.
"Originally posted by![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif)
gabrielleabelle at Mississippi Personhood Amendment
Yeah, this is a great example of bad laws. Not because I'm for or against abortion - one's stance there doesn't make it a bad law, just one you disagree with. The reason it is a bad law is that it is attempting, in service of a narrow political agenda, to indirectly prohibit something already legal - and in doing so it will create far more problems than it solves.
Why is that you ask?
Well, if the law defines a fertilized egg as a person - from the moment of conception - that means that as a matter of law, said egg has the exact same legal rights as any other US citizen. What can this mean?
In a criminal context - if you begin with a jurisdiction that investigates any 'suspicious' death, or any death, as a murder until that is disproven - all miscarriages must be investigated by the police. How's that for an invasion of privacy?? If there's no clear medical cause, it can arguably be called 'suspicious', and treated as a murder - meaning police investigate their way through your life looking for a cause. How many miscarriages lack medical explanation? Probably a lot. And how many people might be prosecuted for 'criminally negligent homicide' for day to day activities that *might* contribute to a miscarriage, whether or not they can be proven to have done so?
Oh, and by the way, failure to report a miscarriage to the police can arguably become failure to report a death - and disposal outside of a hospital could be considered mistreatment of a corpse. And yes, men, this can land on you - by supporting your wife/spouse through a terrible moment in your lives and not going to the police, you'd be considered an accomplice to all of the above.
And let us not forget the million ways in which 'Child Endangerment' can be applied. For example, if a woman takes an alcoholic drink before she even KNOWS she is pregnant, she can be charged with child endangerment - because alcohol is linked to fetal alcohol syndrome, and life begins at conception - and depending on the wording of the law, knowledge may not be a required element of the offense. Ditto on smoking, taking PRESCRIBED medication, bungee jumping, contact sports, or any activity that has a warning to avoid doing it while pregnant. If life begins at conception, you know that sooner or later someone somewhere will try to prosecute a newly pregnant woman for doing ordinary activities that aren't necessarily dangerous to *her* - all in the name of protecting this new legal person. And if the law defines the fetus as a person, there could be standing for relevant agencies to act on said person's behalf.
Remember, litigation and risk flow to the lowest common denominator of human stupidity. So how long before businesses in that state, to protect themselves from criminal or civil liability, prevent pregnant women from participating in the activities and services they provide?
Speaking of litigation, how many causes of action can be brought on behalf of a minor child? Because you'd be extending ALL of them to a child still enwombed, if you define it as a child. Not to mention custody or divorce cases - the child can often get counsel assigned to them by the court to protect their rights in various family law situations. So, if you're pregnant, your unborn child gets a lawyer. Because they're a legal person.
Child support could also be attributable from the moment of conception - which would make a hell of a mess for the courts, because someone would legally be obligated to pay many months before paternity could even be scientifically established. Thats right men, how would you like a 9-month child support arrearage (calculated weekly) to accrue before the child's even born?
I could go on, but I think you get the point. All kinds of serious legal problems that can damage or ruin people's lives...and all because someone thinks God wants them to make your medical decisions for you, no matter what kind of a back-door approach they have to take. And even if you're against abortion - I don't think you can sensibly argue that a woman who has a miscarriage should be forced to report that to the police, be investigated, and risk going to jail for what is a difficult but relatively common occurrence.
Either away, this law is just plain poorly considered and is being pushed through by people blind to the consequences of their actions.
"Originally posted by
gabrielleabelle at Mississippi Personhood AmendmentOkay, so I don't usually do this, but this is an issue near and dear to me and this is getting very little no attention in the mainstream media.
Mississippi is voting on November 8th on whether to pass Amendment 26, the "Personhood Amendment". This amendment would grant fertilized eggs and fetuses personhood status.
Putting aside the contentious issue of abortion, this would effectively outlaw birth control and criminalize women who have miscarriages. This is not a good thing.
Jackson Women's Health Organization is the only place women can get abortions in the entire state, and they are trying to launch a grassroots movement against this amendment. This doesn't just apply to Mississippi, though, as Personhood USA, the group that introduced this amendment, is trying to introduce identical amendments in all 50 states.
What's more, in Mississippi, this amendment is expected to pass. It even has Mississippi Democrats, including the Attorney General, Jim Hood, backing it.
The reason I'm posting this here is because I made a meager donation to the Jackson Women's Health Organization this morning, and I received a personal email back hours later - on a Sunday - thanking me and noting that I'm one of the first "outside" people to contribute.
So if you sometimes pass on political action because you figure that enough other people will do something to make a difference, make an exception on this one. My RSS reader is near silent on this amendment. I only found out about it through a feminist blog. The mainstream media is not reporting on it.
If there is ever a time to donate or send a letter in protest, this would be it.
What to do?
- Read up on it. Wake Up, Mississippi is the home of the grassroots effort to fight this amendment. Daily Kos also has a thorough story on it.
- If you can afford it, you can donate at the site's link.
- You can contact the Democratic National Committee to see why more of our representatives aren't speaking out against this.
- Like this Facebook page to help spread awareness."
Mississippi is voting on November 8th on whether to pass Amendment 26, the "Personhood Amendment". This amendment would grant fertilized eggs and fetuses personhood status.
Putting aside the contentious issue of abortion, this would effectively outlaw birth control and criminalize women who have miscarriages. This is not a good thing.
Jackson Women's Health Organization is the only place women can get abortions in the entire state, and they are trying to launch a grassroots movement against this amendment. This doesn't just apply to Mississippi, though, as Personhood USA, the group that introduced this amendment, is trying to introduce identical amendments in all 50 states.
What's more, in Mississippi, this amendment is expected to pass. It even has Mississippi Democrats, including the Attorney General, Jim Hood, backing it.
The reason I'm posting this here is because I made a meager donation to the Jackson Women's Health Organization this morning, and I received a personal email back hours later - on a Sunday - thanking me and noting that I'm one of the first "outside" people to contribute.
So if you sometimes pass on political action because you figure that enough other people will do something to make a difference, make an exception on this one. My RSS reader is near silent on this amendment. I only found out about it through a feminist blog. The mainstream media is not reporting on it.
If there is ever a time to donate or send a letter in protest, this would be it.
What to do?
- Read up on it. Wake Up, Mississippi is the home of the grassroots effort to fight this amendment. Daily Kos also has a thorough story on it.
- If you can afford it, you can donate at the site's link.
- You can contact the Democratic National Committee to see why more of our representatives aren't speaking out against this.
- Like this Facebook page to help spread awareness."
Yeah, this is a great example of bad laws. Not because I'm for or against abortion - one's stance there doesn't make it a bad law, just one you disagree with. The reason it is a bad law is that it is attempting, in service of a narrow political agenda, to indirectly prohibit something already legal - and in doing so it will create far more problems than it solves.
Why is that you ask?
Well, if the law defines a fertilized egg as a person - from the moment of conception - that means that as a matter of law, said egg has the exact same legal rights as any other US citizen. What can this mean?
In a criminal context - if you begin with a jurisdiction that investigates any 'suspicious' death, or any death, as a murder until that is disproven - all miscarriages must be investigated by the police. How's that for an invasion of privacy?? If there's no clear medical cause, it can arguably be called 'suspicious', and treated as a murder - meaning police investigate their way through your life looking for a cause. How many miscarriages lack medical explanation? Probably a lot. And how many people might be prosecuted for 'criminally negligent homicide' for day to day activities that *might* contribute to a miscarriage, whether or not they can be proven to have done so?
Oh, and by the way, failure to report a miscarriage to the police can arguably become failure to report a death - and disposal outside of a hospital could be considered mistreatment of a corpse. And yes, men, this can land on you - by supporting your wife/spouse through a terrible moment in your lives and not going to the police, you'd be considered an accomplice to all of the above.
And let us not forget the million ways in which 'Child Endangerment' can be applied. For example, if a woman takes an alcoholic drink before she even KNOWS she is pregnant, she can be charged with child endangerment - because alcohol is linked to fetal alcohol syndrome, and life begins at conception - and depending on the wording of the law, knowledge may not be a required element of the offense. Ditto on smoking, taking PRESCRIBED medication, bungee jumping, contact sports, or any activity that has a warning to avoid doing it while pregnant. If life begins at conception, you know that sooner or later someone somewhere will try to prosecute a newly pregnant woman for doing ordinary activities that aren't necessarily dangerous to *her* - all in the name of protecting this new legal person. And if the law defines the fetus as a person, there could be standing for relevant agencies to act on said person's behalf.
Remember, litigation and risk flow to the lowest common denominator of human stupidity. So how long before businesses in that state, to protect themselves from criminal or civil liability, prevent pregnant women from participating in the activities and services they provide?
Speaking of litigation, how many causes of action can be brought on behalf of a minor child? Because you'd be extending ALL of them to a child still enwombed, if you define it as a child. Not to mention custody or divorce cases - the child can often get counsel assigned to them by the court to protect their rights in various family law situations. So, if you're pregnant, your unborn child gets a lawyer. Because they're a legal person.
Child support could also be attributable from the moment of conception - which would make a hell of a mess for the courts, because someone would legally be obligated to pay many months before paternity could even be scientifically established. Thats right men, how would you like a 9-month child support arrearage (calculated weekly) to accrue before the child's even born?
I could go on, but I think you get the point. All kinds of serious legal problems that can damage or ruin people's lives...and all because someone thinks God wants them to make your medical decisions for you, no matter what kind of a back-door approach they have to take. And even if you're against abortion - I don't think you can sensibly argue that a woman who has a miscarriage should be forced to report that to the police, be investigated, and risk going to jail for what is a difficult but relatively common occurrence.
Either away, this law is just plain poorly considered and is being pushed through by people blind to the consequences of their actions.
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Date: 2011-10-13 01:46 pm (UTC)no subject
Date: 2011-10-13 03:24 pm (UTC)no subject
Date: 2011-10-13 06:32 pm (UTC)no subject
Date: 2011-10-13 07:40 pm (UTC)The list is hardly exhaustive - partially because I don't know the specific details of Mississippi criminal or civil law.
But its enough to give people a general idea - because really, the potential pitfalls when you add in the uncertainty of real life situations are almost infinite.