From the ACLU’s Blog of Rights comes this prosecution:
The facts of this case are heartbreaking. On December 23, 2010, Shuai, a 34-year-old pregnant woman who was suffering from a major depressive disorder, attempted to take her own life. Friends found her in time and persuaded her to get help. Six days later, Shuai underwent cesarean surgery and delivered a premature newborn girl who, tragically, died four days later.
On March 14, 2011, Shuai was arrested, jailed, and charged with murder and attempted feticide. Had Shuai, who is being represented by National Advocates for Pregnant Women and local attorneys, not been pregnant when she attempted suicide, she would not have been charged with any crime at all.
Of course, no one would deny that what happened in this case is terrible and tragic, and probably no one feels that more than Shuai herself. But this case is about so much more than whether attempted suicide should be a crime — in Indiana it is not — and the death of her daughter; its implications go much further.
The state is misconstruing the criminal laws in this case in such a way that any pregnant woman could be prosecuted for doing (or attempting) anything that may put her health at risk, regardless of the outcome of her pregnancy.
Allowing the government to exercise such unlimited control over women’s bodies, decisions, and every aspect of their lives, and to send them to jail when they disapprove of a woman’s behavior, would essentially reduce pregnant women to second-class citizens by denying them the basic constitutional rights enjoyed by the rest of us.
So how are these constitutional rights exercised in each state? This map allows you quick access to determine each of the state’s and the legislation on the books. Check out Utah especially, a state that has passed legislation to allow criminal homicide charges against women if they should induce a miscarriage.
Of course, there is no such similar law nor advocacy for such a law against men who counsel and provide the means for women they have impregnated to get abortions… sorry… induce miscarriages. That would be too much equality in responsibility, I guess.
But wouldn’t it be a grand spectacle to put these men under the same law and on trial, like those priests who forced nuns into sexual relationships with them and who counseled those who became pregnant to get rid of the evidence of their dalliances? Why should these misogynistic pricks not enjoy the same legal privilege and be charged with aiding and abetting criminal homicide? But if they did charge them, where could I buy tickets? Not, apparently, in Indiana where only women are to be held criminally accountable when it comes to the health and welfare of fetuses.