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    Unborn Babies and Legal Rights: What Do Personhood Bills Really Mean for Women?

    Should unborn children have full legal rights?Should unborn children have full legal rights?Last week, the Virginia House of Delegates passed House Bill 1 (HB1), which grants unborn children "at every stage of development… all of the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth." And in Oklahoma, the state senate voted 38-4 to pass Senate Bill 1433 (S.B. 1433), changing the state's definition of the word "person" to include unborn children "from the moment of conception." While backers of the bills insist they don't restrict abortion, stem-cell research, or contraception, opponents warn that the bills erode women's reproductive rights and could have far-reaching consequences.

    What do these bills really mean for women?

    The Virginia bill now heads to that state's Senate for debate; if it passes in the Senate, governor Robert McDonnell has said that he would consider the bill, but did not promise to sign it or to veto it. The Oklahoma bill now goes to the state's House, where there are more than twice as many pro-life politicians than pro-choice ones; Oklahoma governor Mary Fallin, who Reuters reports has signed "every anti-abortion bill sent to her last year," did not issue a statement about the bill. All four Republican candidates for U.S. President support the idea of a federal personhood amendment.

    Virginia Democratic Delegate Eileen Filler-Corn told CNN that the legislation represented an "overreach by the state."

    "These decisions should be left to a woman and her physician, a medical professional," Filler-Corn said. "This is a slippery slope and eventually, the goal of the personhood movement is to ensure that birth control is illegal."

    This is the third time that Republican state representative Bob Marshall has proposed a personhood bill in Virginia, and he says that the bill would not prevent access to legal birth control -- though when asked to put that in writing, he and other state Republicans refused, voting 64 to 34 against adding an amendment protecting access to contraception.

    "The legal effect here is [if] a pregnant woman is driving in an intersection and someone runs into her, she can sue for loss of a child," Marshall explained. "Under the current code, a mother cannot do that."

    But Marshall was blunt about the bill's pro-life intent: "You'd have to be completely obtuse to not understand that is something I have worked toward for 20 years," he candidly told the Huffington Post. In an interview with CNN, he explained: "We need to get back to the respect for life that we used to have in this country that's been lost."

    Here's the thing: It's easy to say that life begins at conception. But it's impossible to accurately identify the instant that actually happens within an individual woman's body. There is no medical way to test for fertilization; pregnancy tests detect hormone changes in the blood nine to 10 days after the sperm meets the egg (urine tests take even longer). And, given that a fertilized egg can't develop into a fetus if it hasn't implanted properly in the womb, if the personhood bill becomes law there would be a seven to 10 day window (the time it takes for a fertilized egg to travel from the Fallopian tubes to the uterus and successfully implant) during which a person with full legal rights and privileges is literally in limbo.

    The issue doesn't end when implantation takes place, either: If that bundle of cells has individual legal rights, yet can't survive outside of the womb, the implications can be vast. According to the American Pregnancy Organization, studies show that 10 percent to 25 percent of all clinically confirmed pregnancies end in miscarriage -- and 50 percent to 75 percent of those miscarriages occur shortly after implantation, when a woman usually doesn't yet know she's pregnant. Though Virginia's HB1 specifically states that "Nothing in this section shall be interpreted as creating a cause of action against a woman for directly or indirectly harming her unborn child," it does not contain language protecting medical professionals who may be treating the pregnant woman -- and it does not prohibit the government from intervening on behalf of the still-developing baby. Oklahoma's S.B 1433 offers no such protection for pregnant women, which means that women who miscarry could be prosecuted unless they could prove it was unintentional.

    Chorionic villus sampling (CVS) and amniocentesis, two standard medical procedures used to identify chromosomal abnormalities in utero, each have about a two-percent miscarriage rate -- that is, for every 100 times either one is performed, there are, on average, two miscarriages. There are anembryonic pregnancies, in which the fertilized egg implants into the uterine wall but fetal development never begins, and ectopic pregnancies, in which a fertilized egg implants somewhere other than in the uterus and must be removed in order to save the woman's life. Not all embryos created during fertility treatments survive once they're transferred to the womb. If a personhood bill becomes law, does a medical intervention become murder?

    Four states -- Louisiana, Mississippi, North Dakota, and South Dakota -- ban abortion outright; their laws would automatically go into effect if Roe V. Wade were overturned. Thirteen other states have abortion bans that are unenforced. Personhood bills have failed in Mississippi and Colorado; a second bill in Oklahoma would outlaw emergency contraception like Plan B, certain fertility treatments, and abortion in all cases, even for rape or incest.

    Calling the personhood bills absurd and sexist, Democratic state senator Constance Johnson of Oklahoma City introduced a bill of her own in early February, granting similar rights and benefits to sperm. Her bill stated: "Any action in which a man ejaculates or otherwise deposits semen anywhere but in a woman's vagina shall be interpreted and construed as an action against an unborn child." It failed, as did one proposed by Democratic state senator Jim Wilson of Oklahoma that would have required the father of the unborn child to be financially responsible for the mother-to-be's housing, healthcare, transportation, and food while pregnant. Those failed amendments beg the question: How can a personhood bill claim to protect unborn children if it doesn't also protect the women who bear them?

    Copyright © 2012 Yahoo Inc.




    Also on Shine:

    Personhood amendment is a testament to ignorance
    Would you donate your surplus embryos to stem-cell research?
    If abortion were illegal: A glimpse of the reality
    Women's reproductive rights, state by state
    Romney on birth control decision: It's wrong for Obama in 2012, but right for Romney in 2005?

     

    85 comments

    • Molly  •  Denver, Colorado  •  2 months ago
      Oh so they have rights? Do they get to vote, pay taxes, get an ID, etc? That's kind of a silly idea.
    • flutegirl  •  2 months ago
      I think this is a good start as far as protecting the rights of the unborn child, but it still has a LONG way to go. I definitely think the government needs to get competent medical authorities to help them with this bill so they can write something that makes sense, since government people don't know all about the development process. Prosecuting a woman for murder because she miscarried? That's silly, especially because there are so many miscarriages. They need to work on the wording of that so she's only prosecuted if competent medical authority can determine the miscarriage was caused by something the woman purposely did (like overdose). Also, it's ridiculous to not protect medical intervention. Just like with adults, they should be allowed to be sued for malpractice, but on more limited terms, since unborn babies are more fragile. Banning contraception is a bad idea, especially for people who can't currently afford children (financially, mentally, or physically), whose health requires a certain amount of time between births, or similar valid situations. I'm all for elective abortion being banned (except in the case of incest or rape, but even then it's a hard decision and should be made carefully). If you choose to have sex (unprotected or not), you by default are choosing to accept whatever consequences happen as a result (pregnancy, STD, etc).
      • Switchrat 2 months ago
        All for saving the unborn, but what about the mother? Should a woman be forced to suffer because of one poor decision? No. Using a woman's body like a baby farm is basically slavery.
      • flutegirl 2 months ago
        As I said, If she chose to have sex, she is by default saying she is OK with whatever the consequence is. If I willfully/knowingly park illegally, I know that I could get a ticket. (Rape and stuff like that is different, since she most likely didn't choose that - unless she chose to hang around with that type of person and knew the risk, but that's not as often.)
      • Switchrat 2 months ago
        So if a woman has a condition that will cause her to miscarry, she's not allowed to have sex?
    • Ann  •  3 months ago
      Once more, politicians are running around playing "scientist". This is embarrassing.
      • nyc10019 3 months ago
        Playing "god" is more like it.
      • Mariela None 3 months ago
        Sort of like the politicians who screech about how important it is to have stem cell research? Ohhh I get it Ann, that's different, right?
      • Molly 2 months ago
        Stem cell research can potentially save people with illnesses such as cancer and people who have suffered strokes, etc. You're not truly pro life if you don't support curing the sick.
    • Niko-chan  •  Dallas, Texas  •  3 months ago
      This is truly outrageous, and yet we voted these people in office to make these decisions in our states over what they "believe" a woman's pregnancy is. I don't know if I want to move out of this country or get my tubes tied for good, unless they want to outlaw that. These idiots are not experts, nor should they have any right telling what a woman should do to her body. Yet as long as lobbyists are still around (legally), whatever money says they will do. So either get in touch and vote them out period or face reality. I want to have kids one day, but now I'm starting to reconsider...and it makes me sad cause I want to have a family in the future.....not under these laws.
    • Emmy  •  3 months ago
      What year is it again?
      • REB 3 months ago
        15th Century.
      • Molly 2 months ago
        300 BC.
    • k8blujay  •  3 months ago
      I really don't know how I feel about this... As someone who is pro-life, I am even afraid that if a woman miscarries naturally, under these laws, she could be held liable for something she can't control...
      • Missyro 3 months ago
        Yup, or held accountable when she doesn't even know she is pregnant...
      • olive 3 months ago
        Miscarriage/ectopic pregnancy isn't a deliberate, calculated choice to end the life of the baby.The point of the bill isn't to villify women in these instances, or villify women at all as a matter of fact. But the bill certainly does need to be refined.
      • Cristina 3 months ago
        Olive - the bill doesn't differenciate between willing acts and unwill it just establishes personhood of a fetus. Under the law it wouldn't matter whether it was deliberate or not or whether the intention was to punish women who miscarry or not, if the law is passed worded the way it is, then yes it could legally be used to prosocute the mother or doctor or whoever ented the pregnancy, whether it is intentional or not.
    • Cristina  •  3 months ago
      I keep reading these kinds of articles and I am actually scared. I want to move; go somewhere where people aren't completely brain dead, somewhere where they actually beleive in science and personal right, but then I think about all the people that can't leave. It makes me very sad.

      I also think it's interesting how the "sperm as people" bills didn't pass. Hypocrites!
      • REB 3 months ago
        Not all of the high ranking public officials are Dain Bramaged. It seems to be the freshman class of Congress as well as the freshman class at State level are dain bramaged.
        The more seniority the politician has, the less they want to become involved in "Hot Topic" issues. That is actually a good thing. Stupidity runs rampant when the Legislative branch is forced to get involved. This is also true with the Judicial Branch. One size of stupid fits all.
      • Molly 2 months ago
        I heard Canada and Europe and even Australia are good.
    • I me mine  •  3 months ago
      Let's take all of the unwanted children sitting in orphanages and foster homes, bring them to these politicians houses and ask them to raise them since they are so concerned about their well being, I'm sure they can find a place in their hearts and homes for them... What? They won't take them? Then they need to shut the hell up!
    • Switchrat  •  Suwanee, Georgia  •  2 months ago
      Ok I think this covers all of Mark H's comments... Men should have rights to the fetus. If he wants to keep it and the woman doesn't, he can pay for the surgery and the incubator to keep it alive outside of her body. If he doesn't want it but she does, there should be a legal process by which he can cut all ties with the child. He can have rights to the fetus, but he doesn't have rights to the woman's body. He get's no say in what stays in or what comes out.
    • Mo B  •  Providence, Rhode Island  •  3 months ago
      It is my business and mine alone what I do with my body. If I become pregnant that is between me and my dr and the father and that is it. Politicians have no business being in my pants!
    • Carrie  •  Tyler, Texas  •  3 months ago
      This legislation frightens me to my very core. Rape and incest happen every day. If these laws pass, GIRLS AND WOMEN WILL BE PUNISHED FOR BEING VICTIMS OF SEXUAL VIOLENCE!
    • Lila  •  Ann Arbor, Michigan  •  3 months ago
      Sigh, just because the US doesn't allow abortions, doesn't mean people won't stop getting them. People could still get them illegally (back-alley abortions) or go to another country, like Canada, that allows them. You can outlaw murder, but people still do it. You can outlaw theft, but people still do it. The fact of the matter is. Even if you are trying to protect the fetus, desperate people will still seek out abortions and/ or plan B contraceptives.
    • Fed Up  •  Mt Prospect, Illinois  •  3 months ago
      Government mandated incubators? Is this the new role of women int he Republican Party?

      I get the sense that a subset of men (in this case Republican men) are working hard to put women back in their place. And I believe that they may think our primary place is as "child bearers". While physically true the above article and actions of a few are terrifying to most women who have worked hard throughout the years to be on equal footing with men (something we have still not 100% succeeded in). It continues to amaze me that there are people that plot in a backroom to create bills that would NEVER be considered against the male portion of our population. Maybe the question we all have to ask ourselves is why a portion of his political party (the portion that pushes this type of legislation) think women are LESS THAN men. That we need to be regulated as to what we can/cannot grow within our bodies? That before making a medical choice with our doctor that we do not have the emotional, mental, physical and/or financial support to carry a child and so choose not to must be forced to watch a film of our ultrasound because apparently we are all too dim-witted to understand (without pictures) the consequences or our actions.

      I don't care what your political party is, Ladies. Wake the heck up. This is backlash against women and we need to make it clear that we are mad as hell and not going to take it anymore.

      And before this article I had never heard of Constance Johnson but I've decided this is one wickedly, awesome woman who feels very comfortable fighting fire with fire. I would love to have been there the first time her male peers read her proposed legislation. I'm sure they were as appalled as I was in reading this one. (see article paragraph below).

      Calling the personhood bills absurd and sexist, Democratic state senator Constance Johnson of Oklahoma City introduced a bill of her own in early February, granting similar rights and benefits to sperm. Her bill stated: "Any action in which a man ejaculates or otherwise deposits semen anywhere but in a woman's vagina shall be interpreted and construed as an action against an unborn child." It failed, as did one proposed by Democratic state senator Jim Wilson of Oklahoma that would have required the father of the unborn child to be financially responsible for the mother-to-be's housing, healthcare, transportation, and food while pregnant.
    • Cranberry Lips  •  3 months ago
      They try to pass in in Colorado every 2 years. What these ignorant people don't get is that if you're a girl of childbearing age, this bill will prevent doctors from treating you due to fear of being sued for harming the possible fetus, regardless of whether or not it's there.

      There are many medications and medical procedures that can cause severe congenital disorders and miscarriages if given in the first trimester. Hospital doctors and family practitioners will play it safe and may not give life-saving medications or do surgical procedures on anyone that "could" be pregnant.

      By passing these types of personhood bills, they are virtually putting the health of a microscopic multicellular organism above that of a human being and that is ignorant.
    • Logan  •  3 months ago
      On making birth control illegal... that would just result in more unwanted pregnancies, which would result in more money being spent on welfare and children growing up in bad conditions. Plus, the world is overpopulated as it is. Banning birth control won't make us stop having sex. We'll just end up relying on methods that are not nearly as effective.

      Also, if abortions are made illegal, women are still going to have them, but they're going to be unsafe back-alley procedures that put the women at risk. Or they'll go to another country where it is legal.
    • Cherunda  •  Grosse Pointe, Michigan  •  3 months ago
      Oppression and harassment. 95% of Catholics use birth control. 15% of them attend church each Sunday. Tell me what they want more. Anyway, I am a firm believer that birth control is mandatory for any woman that desires it. Period.
    • Rachel  •  Madison, Wisconsin  •  3 months ago
      What it comes down to it most pro-lifers aren't really interested in the children after the birth. Otherwise those same folks would be for policies that help poor women to raise their kids - feed clothe and house them properly. They'd be for reform of adoption laws so not only "Rick and Susie RichPerson" can adopt (my fiance and I can't afford a home yet so I doubt any place would allow us to adopt. Not to mention adoption costs aren't covered by any insurance so we couldn't afford adoption fees even if we wanted to). They'd be for comprehensive sex-ed and readily available birth control. But they're not. It's all about punishing women for being sexually active and in control of their sexuality. They liked it better in the good ole days when women were little more than indentured servants, completely dependent on men, and unable to make any decisions with regards to their bodies or their lives. They are not pro-life they are pro-patriarchy. Laws like this are the proof of that.
    • M G H  •  Venice, Florida  •  3 months ago
      Men need to stay out of women's bodies
    • Lila  •  3 months ago
      Question to conservatives out there: If the fetus you saved was gay, would you continue to support its rights?
    • Beth  •  King of Prussia, Pennsylvania  •  3 months ago
      Republicans want less government, except when it comes to what adults do with their own personal lives. Then the government wants to butt itself right in there.

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