Pregnant and prosecuted

Spoiler alert: Republicans are still trying to dictate the choices women make about their bodies in all the least-productive ways.

On Tuesday, Tennessee Gov. Bill Haslam (R) signed into law a bill that authorizes the arrest and incarceration of women who use drugs while pregnant, despite strong opposition and encouragement to veto from reproductive and civil rights advocates.

When the law goes into effect July 1 of this year, it will allow a woman to be prosecuted for assault, a misdemeanor, if she takes a narcotic while pregnant and the child is born harmed or addicted or perishes as a result. These women can avoid criminal charges, however, if they complete a treatment program offered by the state.

This bill, flawed in countless ways, is primarily counterproductive: it will directly harm the unborn children it seeks to protect. Rather than discouraging women to use narcotics while pregnant, it will discourage those already addicted from seeking prenatal care for fear of prosecution.

The state of Tennessee is ranked ninth in the nation for instances of teen pregnancy, and a study conducted by the Substance Abuse and Mental Health Services Administration found more than half of the teenaged women admitted for prenatal care had reported drug use within the last month.

Instead of incarcerating moms-to-be when they seek medical support and heedlessly exacerbating the issue — the law makes no mention of treatment being offered while prosecuted women are behind bars — Tennessee should be directing those funds to making a host of resources more readily available, including comprehensive information on the consequences of drug use on oneself and one’s developing fetus.

This new law does not in any way assist low-income mothers — another high-risk group for drug use — who might be unable to take time away from their jobs or families or both to seek treatment. Only two of Tennessee’s 177 addiction treatment facilities provide prenatal care and allow mothers to bring older children with them to appointments.

There’s also a distinctly racist tint to the bill’s condemnation of narcotics, which was pointed out by the Drug Policy Alliance: “The bill unfairly targets poor women and women of color by singling out street drugs in lieu of more common drugs, like alcohol or prescription pills.”

Based on the bill’s unequal condemnation of substances and demographics alike and the total absence of any semblance of framework to actually help women who are pregnant and addicted, it’s clear that little dedicated thought or research contributed to its authorship.

Also clearly evident is Haslam’s intent to enact characteristically “conservative” legislation that will superficially please constituents but which epically fails to assist — in fact, actively antagonizes — struggling women in his state.

It’s no wonder this law is the first of its kind in the nation. It is ill-informed, uneven in its targets, counterproductive and racist. Based on the vocal, passionate opposition, it is my sincere hope that Haslam will develop a true sensitivity to the needs of expecting mothers in his state and repeal the law immediately.

sbkissel@indiana.edu
@QueSarahSarah_