{"id":23421,"date":"2010-03-12T13:25:41","date_gmt":"2010-03-12T18:25:41","guid":{"rendered":"http:\/\/planetwaves.net\/news\/?p=23421"},"modified":"2010-03-13T17:14:52","modified_gmt":"2010-03-13T22:14:52","slug":"miscarriage-is-murder-in-utah","status":"publish","type":"post","link":"https:\/\/planetwaves.net\/news\/daily-astrology\/miscarriage-is-murder-in-utah\/","title":{"rendered":"Miscarriage is Murder in Utah"},"content":{"rendered":"<p><strong>By Carol van Strum<\/strong> | Astrology notes by Eric are in <a href=\"http:\/\/planetwaves.net\/news\/2010\/03\/12\/miscarriage-is-murder-in-utah\/comment-page-1\/#comment-13591\"><strong>Comment #25<\/strong><\/a><\/p>\n<p>On Monday, March 8, Utah Gov. Gary Herbert signed into law a bill making girls and women who miscarry criminally liable for murder when their miscarriages are caused by &#8220;intentional or knowing acts.&#8221; The governor signed the bill after vetoing its original version, which also included \u201creckless\u201d acts; the word reckless was deleted from the <a href=\"http:\/\/le.utah.gov\/~2010\/bills\/hbillenr\/hb0012.htm \" target=\"_blank\"><strong>signed version<\/strong><\/a>, which in its entirety is a catalog of multiple negatives:<\/p>\n<p>&#8220;A woman is not guilty of criminal homicide of her own unborn child if the death of her unborn child&#8230;is not caused by an intentional or knowing act of the woman.&#8221; (The only exception specified is that &#8220;a woman is not criminally liable for seeking to obtain, or obtaining, an abortion that is permitted by law.&#8221;) This language may seem harmless enough. Yet in fact, any miscarriage, besides a legal abortion, could be put on trial, and whether the act was &#8220;intentional or knowing&#8221; would be up to the jury to decide. The law is written so that it presumes the woman is guilty and must prove that she is not guilty &#8212; in itself a violation of the Constitutional right of presumed innocence.<\/p>\n<p>Both versions of the bill are extremely controversial, and removal of the word <em>reckless<\/em> cured none of its defects. Most notably, the vague language of the law criminalizes any behavior that might contribute to miscarriage, potentially making pregnancy &#8212; or even sex itself &#8212; a criminal act, since up to 20 percent of pregnancies normally end in miscarriage. This is grief enough, without facing the risk of prosecution for homicide.<\/p>\n<p><!--more-->&#8220;What we&#8217;re doing is driving women underground and preventing them from getting health care and prenatal care,&#8221; says Melissa Bird of Planned Parenthood, warning that women and girls most in need of care will avoid it for fear of prosecution.<\/p>\n<p>&#8220;What happens to women who are in abusive relationships?&#8221; she asks. &#8220;What happens if a woman threatens to leave the abuser, falls down the stairs and loses the baby? What if the abuser beats the woman and causes a miscarriage? Could he turn her in? Who would the prosecutor believe? What happens if a drug addict who\u2019s trying to get clean loses her baby? Will she be brought up on murder charges?&#8221;<\/p>\n<p>Presumably, this law would cover the variety of herbal treatments available, which do anything from prevent implantation of the fetus to induce miscarriage; and it would cover home abortion treatments such as menstrual extraction.<\/p>\n<p>Most appalling is the law&#8217;s knowing and intentional violation of equal protection rights. The concept of &#8216;equal protection under the law&#8217;, guaranteed by the 14th Amendment, means that all citizens have the same rights. Under the Utah legislation&#8217;s broad language, a woman can be charged with murder who miscarries after intentionally walking out of her house and being exposed to a feto-toxic herbicide applied by her landlord or the local road crew &#8212; but neither the applicators nor the manufactures of the feto-toxic chemical would face similar charges.<\/p>\n<p>&#8220;For all these years, the anti-choice movement has said &#8216;we want to outlaw abortion, not put women in jail,&#8217; said Lynn Paltrow, executive director of National Advocates for Pregnant Women, \u201cbut what this law says is, &#8216;no, we really want to put women in jail&#8217;.&#8221;<\/p>\n<p>Additional coverage <a href=\"http:\/\/www.independent.co.uk\/news\/world\/americas\/utah-women-may-face-murder-charges-after-miscarriages-1913019.html \" target=\"_blank\"><strong>here<\/strong><\/a>, <a href=\"http:\/\/www.alternet.org\/rights\/145956\/utah_governor_signs_controversial_law_charging_women_and_girls_with_murder_for_miscarriages \" target=\"_blank\"><strong>here<\/strong><\/a> and <a href=\"http:\/\/www.independent.co.uk\/news\/world\/americas\/utah-women-may-face-murder-charges-after-miscarriages-1913019.html \" target=\"_blank\"><strong>here<\/strong><\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Carol van Strum | Astrology notes by Eric are in Comment #25 On Monday, March 8, Utah Gov. Gary Herbert signed into law a bill making girls and women who miscarry criminally liable for murder when their miscarriages are caused by &#8220;intentional or knowing acts.&#8221; The governor signed the bill after vetoing its original &#8230; <a title=\"Miscarriage is Murder in Utah\" class=\"read-more\" href=\"https:\/\/planetwaves.net\/news\/daily-astrology\/miscarriage-is-murder-in-utah\/\" aria-label=\"More on Miscarriage is Murder in Utah\">Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"generate_page_header":""},"categories":[1],"tags":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/posts\/23421"}],"collection":[{"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/comments?post=23421"}],"version-history":[{"count":0,"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/posts\/23421\/revisions"}],"wp:attachment":[{"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/media?parent=23421"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/categories?post=23421"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/planetwaves.net\/news\/wp-json\/wp\/v2\/tags?post=23421"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}