Thursday, November 5, 2020

Fetal Rights: Another Chance to Subjegate Women.

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For most of our history, women have been subservient to the dictates of men and their discriminatory laws. Women were nothing more than chattel, owned by the men in their lives, first their fathers and then later their husbands when they were given over in holy matrimony. Yet the feminine spirit is strong; women persevered, fought back, and eventually won the rights to be viewed as equals under the law, socially becoming man's equal in all areas. An impressive accomplishment, yet one that is threatened by the very legalities of fetal rights. Political Science Professor Rachel Roth of Washington University argues that the fetal rights movement has created a "maternal-fetal conflict" by claiming that fetuses are autonomous life forms, placing women in a struggle with their fetuses over basic sovereign rights (). The very logistics behind fetal rights is a deprivation of a woman's basic rights guaranteed under the Constitution.


For the first time in history, women have control over their reproductive abilities; their choices are limitless, however, it seems as if society is uncomfortable with the availability of choice offered to a women. No longer is it about the right to choose between giving life or not; the key issue these days has become about how a woman comports herself while pregnant. As if women have not been making these life style choices for a millennium while pregnant.


When did the rights of a fetus supercede the autonomous rights of a woman? Supports of the fetal rights movement would have us believe that life of the fetus should always take precedence over that of a woman's. According to Heather Boonstra, senior public policy associate at the Alan Guttmacher Institute, the fetal rights laws are deeply disturbing because "[they] enshrine into law the concept of fetus as person"(qtd. in Los Angeles Times). At this point in time the state can only claim compelling interest when the fetus can survive outside of the womb, but with the advent of such legal rhetoric it would be possible for the state to seek federal benefits, bring lawsuits, and claim civil rights all on behalf of the fetus. Blake Gunderson, a prosecutor in Fresno County, Calif., said, Does a fetus deserve any less protection than a grown adult, just because it hasnt been born yet? (qtd. in Los Angeles Times).


The issue here being, can a fetus be defined as a person with rights? Since 17 the Supreme Court ruled has reproductive freedom is part of the constitutional right to privacy, basically meaning that the fetus of a pregnant woman is an inherent part of her until delivery. Yet all of these fetal protection bills, specifically the Unborn Victims of Violence Act, have deliberately used the term unborn child in an attempt to force the Courts into recognizing the fetus in terms of a person other than apart of a pregnant woman. In defense of defining a fetus as person, Clarke Forsythe, president of Americans United for Life, said, you treat the fetus as an appendage; you exclude it from the category of human beings" (qtd. in Los Angeles Times). Yet how else should a fetus be defined, other than an extension of a pregnant woman? By its very nature, a fetus relies on a pregnant woman for its very existence; it cannot eat, breath, or survive without the protection of a woman's womb.


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Traditionally, the courts have maintained that words such as child, person, or human being may not be expanded to include fetuses (Paltrow). This means that a woman, nor a third party, could be responsible for any actions damaging a fetus, outside of punitive damages awarded to the pregnant woman. Yet, in an attempt to create litigation against third parties for damages suffered by a fetus in utero, the courts have opened up door into allowing women to be prosecuted for their actions while pregnant. According to Caitlin Borgmann, state legislative coordinator for the American Civil Liberties Unions Reproductive Freedom Project in New York, all the new legislation is "[intended] to take attention away from the woman, and define the fetus as a separate legal entity" (qtd. in Christian Science Monitor). With separate legal status, the state could feasibility sue a pregnant woman for any action considered to be harmful to her fetus. A woman could be charged with child abuse when failing to follow a doctors orders regarding exercise, taking vitamins, keeping excess weight off, or staying in bed ("Fetal Rights"). As suggested by Harvard University law professor Martha A. Field, laws that control or punish errant mothers-to-be set a dangerous precedent, indeed there is no logical stopping place once the state assumes the role of making medical-lifestyle decisions for the woman,"(qtd. in "Fetal Rights").


Such policies set a dangerous precedence, placing not only the pregnant woman at risk, but also the very viability of the fetus at risk as well. If women are subjected to prosecution for actions they take while pregnant, the chances are they will not disclose vital information to their doctors, or perhaps they might even shun pre-natal care all together, in an effort to protect themselves from legal proceedings. It is common knowledge that pre-natal care is vital to producing healthy babies, yet the fetal protection policies would slowly drive expectant mothers away. Proponents of the fetal rights agenda would have us limit the rights of a fully functioning citizen on the off chance that they will engage in an illicit activity; that is not how our government works, nor should it be allowed to. Yet a law protecting the viability of a wanted fetus is something wholly different from granting it full personable rights under the law. A woman does not stop being a citizen, a freethinking, feeling, autonomous person simply because she carries a fetus inside her womb.


Works Cited


Lloyd, Jillian. "Causing a Miscarriage an act of murder?" Christian Science Monitor.


(Feb 000). . General Reference Center Gold. Infotrac. Delta College Lib.,


University Center MI. 1 March 00.


"Fetal Rights Fetal protection detrimental to women's rights" Futurist. 66 (Nov-Dec


1) 54(). . General Reference Center Gold. Infotrac. Delta College Lib.,


University Center MI. 1 March 00.


Paltow, Lynn M. Punishing women for their behavior during pregnancy an approach that


undermines womens health and childrens interests. New York Center for


Reproductive Law & Policy, 16. http//www.nida.nih.gov/PDF/DARHW/000- v-x_Contents.pdf. 1 March 00.


Roth, Rachel. Making Women Pay The Hidden Costs of Fetal Rights. Ithaca Cornell


University Press, 000.


Simon, Stephanie. "A Question of Fetal Rights, or Politics?" Los Angeles Times. 8 May


001. http//www.latimes.com. 0 March 00.


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