None of this is to say that OITNB gets it all right in its handling of race, class, and gender. The depictions of Black and Latina women constantly threaten to veer into all too familiar tropes and stereotypes, for example. But OITNB does get a lot right about the conversations people of color and white folks have amongst themselves and with each other, and how different identities and experiences shape those interactions.

None of this is to say that OITNB gets it all right in its handling of race, class, and gender. The depictions of Black and Latina women constantly threaten to veer into all too familiar tropes and stereotypes, for example. But OITNB does get a lot right about the conversations people of color and white folks have amongst themselves and with each other, and how different identities and experiences shape those interactions.

Why do you have to bring up race?

sinidentidades:

In this piece, Amanda Marcotte writes about proposed anti-choice legislation that would put women in jail:

They’re not only counting women who reach out to legal providers for abortion as “murderers,” but also women who go online and buy drugs for this purpose. The broadness of this suggests that they may even try to snag women for “murder” for taking common rue, a herbal medication women use to kick start their period (and potentially end an unwanted pregnancy) if they’re late.

Read more—>

In this piece, Amanda Marcotte writes about proposed anti-choice legislation that would put women in jail:

They’re not only counting women who reach out to legal providers for abortion as “murderers,” but also women who go online and buy drugs for this purpose. The broadness of this suggests that they may even try to snag women for “murder” for taking common rue, a herbal medication women use to kick start their period (and potentially end an unwanted pregnancy) if they’re late.

Read more—>

New Study Shows Anti-Choice Policies Leading to Widespread Arrests of and Forced Interventions on Pregnant Women

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Written by Lynn Paltrow and Jeanne Flavin for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Read additional 2013 coverage on the personhood of women here.

The full table of contents for Volume 38, No. 2, of the Journal of Health Politics, Policy, and Law can be found here. Articles in this edition will be available for public access for a full month here.

On Tuesday, January 15th, the Journal of Health Politics, Policy and Law will publish our study, “Arrests of and Forced Interventions on Pregnant Women in the United States, 1973-2005: Implications for Women’s Legal Status and Public Health.” This study makes clear that post-Roe anti-choice and “pro-life” measures are being used to do more than limit access to abortion; they are providing the basis for arresting women, locking them up, and forcing them to submit to medical interventions, including surgery. The cases documented in our study through 2005, as well as more recent cases, make clear that 40 years after Roe v. Wade was decided, far more is at stake than abortion or women’s reproductive rights. Pregnant women face attacks on virtually every right associated with constitutional personhood, including the very basic right to physical liberty.  

Our study identified 413 criminal and civil cases involving the arrests, detentions, and equivalent deprivations of pregnant women’s physical liberty that occurred between 1973 (when Roe v. Wade was decided) and 2005. Because many cases are not reported publicly, we know that this is a substantial under count. Furthermore, new data collection indicates that at least 250 such interventions have taken place since 2005.

In almost all of the cases we identified, the arrests and other actions would not have happened but for the fact that the woman was pregnant at the time of the alleged violation of law. And, in almost every case we identified, the person who initiated the action had no direct legal authority for doing so. No state legislature has passed a law that holds women legally liable for the outcome of their pregnancies. No state legislature has passed a law making it a crime for a pregnant woman to continue her pregnancy to term in spite of a drug or alcohol problem. No state has passed a law exempting pregnant women from the protections of the state and federal constitution. And, under Roe v. Wade, abortion remains legal.

Yet, since 1973, many states have passed feticide measures and laws restricting access to safe abortion care that, like so-called “personhood” measures, encourage state actors to treat eggs, embryos, and fetuses as if they are legally separate from the pregnant woman. We found that these laws have been used as the basis for a disturbing range of punitive state actions in every region of the country and against women of every race, though disproportionately against women in the South, low-income women and African-American women.  

Women have been arrested while still pregnant, taken straight from the hospital in handcuffs, and sometimes shackled around the waist and at the ankles. Pregnant women have been held under house arrest and incarcerated in jails and prisons. Pregnant women have been held in locked psychiatric wards, as well as in hospitals and in drug treatment programs under 24-hour guard. They have been forced to undergo intimate medical exams and blood transfusions over their religious objections. Women have been forced to submit to cesarean surgery. They have been arrested shortly after giving birth while dressed only in hospital gowns. And, despite claims by some anti-choice activists that women themselves will not be arrested if abortion is re-criminalized, women who have ended their pregnancies and had abortions are already being arrested.  

Read the rest here.

Jamie Lynn Russell: One Pregnant Woman’s Tragic Death Reveals the Human Cost of Devaluing Women

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Written by Farah Diaz-Tello for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

I don’t like war metaphor. I prefer to think about reproductive justice advocacy in terms of healing and love. But when our nonsensical policies on drugs and reproductive health claim the lives of living, breathing people, it feels like a war.

Jamie Lynn Russell was 33 years old when she went to an emergency room in Pauls Valley, Oklahoma in such debilitating pain that she was unable to move. Because her excruciating pain prevented her from lying down for an examination, hospital staff labeled her “noncompliant,” and called the police. The police discovered that she had two pain pills that weren’t hers. Still in pain, she was released by the hospital as “fit to incarcerate,” arrested for drug possession, and taken to jail, where she died two hours later from a ruptured ectopic pregnancy.

Two pain pills.

Read the rest here.

Invisible Prisoners: Why Are So Many Children, Especially Girls, Placed in Solitary Confinement?

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Written by Yasmin Vafa for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

When we hear about solitary confinement, we often imagine it as a form of extreme punishment inflicted on the most vicious and dangerous criminals in prison. The last thing you would expect is for this practice to be inflicted on children.

But it is. All across this country, children are being placed in solitary for a host of different reasons ranging from ‘protection’ to the most minor misbehaviors.  

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This practice is even more disturbing when you consider the distinct pathways of girls into the juvenile justice system. We often talk about the “school-to-prison pipeline” for boys —but for girls, it is a totally different narrative, more readily identified as the “sexual-violence-to prison pipeline.” According to the Office of Juvenile Justice Delinquency and Prevention, approximately 600,000 girls are arrested in the U.S. annually. Most of these girls are remanded for non-violent offenses such as truancy, running away, loitering, alcohol and substance use, and violations to prior court orders for non-violent status offenses. Moreover, evidence shows that 73 percent of girls in juvenile detention have previously suffered some form of physical or sexual abuse. This abuse is often the factor that propelled the child into the juvenile justice system, as it is often the abuse that is the root cause of the girls’ running away, becoming truant, substance abuse, etc. 

Read the rest here.