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Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA

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ݺߣs from Policing Pregnancy: A one-day conference on maternal autonomy, risk and responsibility. April 2016.

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Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA Farah Diaz-Tello, J.D. Senior Staff Attorney
Thank you.
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
“All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn.” Roe v. Wade, 410 U.S. 113, 158 (U.S. 1973).
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
“Had an autopsy been performed we might have been able to develop evidence sufficient to charge the defendant with a first degree felony, which carries the maximum penalty of life. Justice has been denied for this infant’s death.”
Applicability to certain conduct. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child Tex. Penal Code § 22.12.
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Tenn. Code Ann. § 37-13-107(c)(1) “Nothing in subsection (a) shall apply to any lawful act or lawful omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant...”
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Ex parte Hicks, 2014 Ala. LEXIS 60, at *34 (Ala. Apr. 18, 2014) (Moore, C.J., concurring specially). “I write separately to emphasize that the inalienable right to life is a gift of God that civil government must secure for all persons— born and unborn.”
Ex parte Hicks, 2014 Ala. LEXIS 60, at *88 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “Why should legal protection of an individual at a particular point in time depend entirely upon his or her subjective relationship to the killer?”
Ex parte Hicks, 2014 Ala. LEXIS 60, at *88 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “Because an unborn child has an inalienable right to life from its earliest stages of development, it is entitled not only to a life free from the harmful effects of chemicals at all stages of development but also to life itself at all stages of development.”
Ex parte Hicks, 2014 Ala. LEXIS 60, at *87 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “[O]ur grief is not for the Constitution alone; we also grieve for the millions of children who have not been afforded equal value, love, and protection since Roe.”
Ex parte Hicks, 2014 Ala. LEXIS 60, at *3 (Ala. Apr. 18, 2014). “Documents in the record suggest that, since his birth, J.D. is ‘doing fine.’”
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
There aren’t women who have abortions and women who have babies. Rebecca Atkins, PA, MPH, Exec. Dir., VWHC Those are the same women at different points in their lives.
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
“Bearing an unwanted child is surely a greater intrusion on the mother’s constitutional interests than undergoing a caesarean section to deliver a child that the mother affirmatively desires to deliver.” Pemberton v. Tallahassee Mem. Regional Med. Ctr., Inc., 66 F. Supp. 2d 1247, 1251 (N.D. Fla. 1999).
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
“The fetus is > 23 weeks gestation and does not have a lethal untreatable anomaly… The woman has decisional capacity. I have decided to override her refusal to have a C-section. Her physician … and hospital attorney … are in agreement”
Women have the right to choose how and where to give birth, but they do not have the right to put their baby at risk.
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA
Farah Diaz-Tello fdt@advocatesforpregnantwomen.org facebook.com/NationalAdvocatesforPregnantWomen @NAPW

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Keynote Lecture – Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA

  • 1. Reproductive Justice Across the Pregnancy Spectrum: Lessons from the USA Farah Diaz-Tello, J.D. Senior Staff Attorney
  • 4. “All this, together with our observation, supra, that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn.” Roe v. Wade, 410 U.S. 113, 158 (U.S. 1973).
  • 8. Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?
  • 13. “Had an autopsy been performed we might have been able to develop evidence sufficient to charge the defendant with a first degree felony, which carries the maximum penalty of life. Justice has been denied for this infant’s death.”
  • 14. Applicability to certain conduct. This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is: (1) committed by the mother of the unborn child Tex. Penal Code § 22.12.
  • 16. Tenn. Code Ann. § 37-13-107(c)(1) “Nothing in subsection (a) shall apply to any lawful act or lawful omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant...”
  • 19. Ex parte Hicks, 2014 Ala. LEXIS 60, at *34 (Ala. Apr. 18, 2014) (Moore, C.J., concurring specially). “I write separately to emphasize that the inalienable right to life is a gift of God that civil government must secure for all persons— born and unborn.”
  • 20. Ex parte Hicks, 2014 Ala. LEXIS 60, at *88 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “Why should legal protection of an individual at a particular point in time depend entirely upon his or her subjective relationship to the killer?”
  • 21. Ex parte Hicks, 2014 Ala. LEXIS 60, at *88 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “Because an unborn child has an inalienable right to life from its earliest stages of development, it is entitled not only to a life free from the harmful effects of chemicals at all stages of development but also to life itself at all stages of development.”
  • 22. Ex parte Hicks, 2014 Ala. LEXIS 60, at *87 (Ala. Apr. 18, 2014) (Parker, J., concurring specially). “[O]ur grief is not for the Constitution alone; we also grieve for the millions of children who have not been afforded equal value, love, and protection since Roe.”
  • 23. Ex parte Hicks, 2014 Ala. LEXIS 60, at *3 (Ala. Apr. 18, 2014). “Documents in the record suggest that, since his birth, J.D. is ‘doing fine.’”
  • 26. There aren’t women who have abortions and women who have babies. Rebecca Atkins, PA, MPH, Exec. Dir., VWHC Those are the same women at different points in their lives.
  • 28. “Bearing an unwanted child is surely a greater intrusion on the mother’s constitutional interests than undergoing a caesarean section to deliver a child that the mother affirmatively desires to deliver.” Pemberton v. Tallahassee Mem. Regional Med. Ctr., Inc., 66 F. Supp. 2d 1247, 1251 (N.D. Fla. 1999).
  • 30. “The fetus is > 23 weeks gestation and does not have a lethal untreatable anomaly… The woman has decisional capacity. I have decided to override her refusal to have a C-section. Her physician … and hospital attorney … are in agreement”
  • 31. Women have the right to choose how and where to give birth, but they do not have the right to put their baby at risk.

Editor's Notes

  • #2: I
  • #19: Right next door, the state of Alabama is piloting just such a program of criminalization of pregnancy. Hope Ankrom gave birth to a healthy baby who tested positive for an illegal substance and was charged with the crime of chemical endangerment of a child. A crime passed to prevent people from bringing their children into locations where drugs are produced, literally turning women into locations.
  • #32: The Lancet.
  • #33: In 2008 the AMA resolved to create model legislation supporting the idea that the best place for birth is in a hospital or birth center. Again, the legal standard is the ‘best interest of the child.’ Legislation of this sort would almost certainly be called upon to determine that only certain women should give birth in certain settings lest they run afoul of the best interest of their fetuses.
  • #34: Allegheny Court of Common Pleas For our law to compel the defendant to submit to an intrusion of his body would change the very concept and principle upon which our society is founded. To do so would defeat the sanctity of the individual, and would impose a rule which would know no limits, and one could not imagine where the line would be drawn. For a society, which respects the rights of one individual, to sink its teeth into the jugular vein or neck of one of its members and suck from it sustenance for another member, is revolting to our hard-wrought concept of jurisprudence. [Forcible] extraction of living body tissue causes revulsion to the judicial mind. Such would raise the specter of the swastika and the inquisition, reminiscent of the horrors this portends.
  • #36: I