a bird and a bottle

If You Thought the VA Law was Bad…
February 8, 2007, 2:54 pm
Filed under: criminal justice, feminism/s & gender, law, news, reproductive justice

When it comes to being anti-pregnant woman, Virginia’s got nothing on Wyoming.

A state Representative there has introduced a bill that would make it a felony for a woman who is pregnant and who carries a child to term to use methamphetamine. In order to accomplish this, the hb0068.pdf (PDF), the bill changes the definition of child to include a newborn whose mother used meth when the now child was a fetus. The law tries to get around those thorny issues of fetal personhood by creating this legal fiction. It goes something like this: even though the alleged endangerment occurred when the now born person was a fetus (and did not have legal rights of its own), once that fetus becomes a newborn, the offense magically ripens.

It’s slippery legal logic, but it’s full of holes. Luckily NAPW is on the case and is working with Wyoming-based organizations. They’re already driving their proverbial trucks through this massive logical gap and others like it.

(hat-tip: Ti)

1 Comment so far
Leave a comment

I think, from the NARAL guide I recently looked at, that a number of states have defined an unborn child as a person. Just out and out done it. Not that I agree with it, but it’s certainly a much more direct route around the ‘thorny’ issue you describe. What’s the legal challenge to such a measure?

Comment by Ben

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: