In the wake of the Supreme Court's decision to overturn Roe v. Wade, a troubling trend has emerged: a record number of women are facing criminal charges related to their pregnancies. In the first year following the ruling, 200 women were charged for actions associated with pregnancy, abortion, or birth, as prosecutors adopted more aggressive legal strategies. This shift has raised concerns about the implications for women's rights and health.
One poignant case is that of Lauren Smith from South Carolina, who has been embroiled in a legal battle since 2019 after her newborn tested positive for THC, a compound found in marijuana. Despite her claims that marijuana helped her manage pregnancy-related discomfort, she was charged with felony child neglect and has been awaiting trial for five years. The emotional toll on her family has been profound, with Lauren expressing feelings of unworthiness as a mother and the strain of separation from her daughter, who now lives with her paternal grandmother.
Experts like Michelle Goodwin, a law professor and author, highlight the rise of \"fetal personhood\" laws, which grant legal rights to fetuses and have led to increased scrutiny of pregnant women. These laws have resulted in numerous cases where women have been arrested or lost custody of their children due to their pregnancy-related circumstances. Goodwin argues that these legal frameworks disproportionately target women and reflect a broader agenda of controlling women's bodies.
The impact of these laws extends beyond legal repercussions; they can lead to significant psychological trauma for both mothers and children. Dr. Katrina Mark, who works with pregnant women using drugs, warns that separating mothers from their babies can cause long-term developmental issues for children. She emphasizes that punitive measures do not protect babies and can deter mothers from seeking necessary healthcare.
Despite the controversy surrounding these laws, some lawmakers, like South Carolina state representative John McCravie, argue that they serve as a deterrent against drug use during pregnancy. He believes that the threat of legal consequences can motivate women to seek help. However, critics argue that such measures often lead to selective enforcement and further stigmatization of vulnerable populations.
As the legal landscape continues to evolve, the experiences of women like Lauren Smith underscore the urgent need for a reevaluation of how society addresses pregnancy-related issues. The intersection of healthcare, legal rights, and women's autonomy remains a contentious battleground, with significant implications for the future of reproductive rights in the United States.