Democracy Has Prevailed.

October 5, 2005

American Taliban: Bill Drafted to Criminalize "Unauthorized Reproduction"

From Daily KOS, Atrios, Exit Stage Left, and others:

Republican lawmakers are drafting new legislation that will make marriage a requirement for motherhood in the state of Indiana, including specific criminal penalties for unmarried women who do become pregnant "by means other than sexual intercourse."

According to a draft of the recommended change in state law, every woman in Indiana seeking to become a mother throu gh assisted reproduction therapy such as in vitro fertilization, sperm donation, and egg donation, must first file for a "petition for parentage" in their local county probate court.

Only women who are married will be considered for the "gestational certificate" that must be presented to any doctor who facilitates the pregnancy. Further, the "gestational certificate" will only be given to married couples that successfully complete the same screening process currently required by law of adoptive parents.

As it the draft of the new law reads now, an intended parent "who knowingly or willingly participates in an artificial reproduction procedure" without court approval, "commits unauthorized reproduction, a Class B misdemeanor." The criminal charges will be the same for physicians who commit "unauthorized practice of artificial reproduction."
A draft of the legislation which, among other things, bars unmarried people from having children by articifial means is here:

http://www.in.gov/legislative/interim/committee/prelim/HFCO04.pdf

An isolated case of madness, you say?

I was instantly reminded of a bill introduced earlier this year in the Virginia Legislature:

HB1677, "Report of Fetal Death by mother, penalty" is a bill introduced by John A. Cosgrove (R) of Chesapeake. Cosgrove's bill requires any woman who experiences "fetal death" without a doctor's assistance to report this to the local law-enforcement agency within twelve hours of the miscarriage. Failure to do so is punishable as a Class 1 Misdemeanor.
FYI:

- Virginia's definition of "fetal death" is "death prior to the complete expulsion or extraction from its mother of a product of human conception, regardless of the duration of pregnancy..."

- It is estimated that at least 30% of all pregnancies are lost in the first few weeks, usually without the woman knowing.

- There would be no way to know when "fetal death" occurs unless the fetus has a heartbeat and you're hooked to a monitor. Sometimes, it takes the body days or weeks to figure out that the embryo/fetus is no longer alive before getting rid of it.

- Virginia already had a law meant to prevent the abandonment of full-term babies.

The Virginia bill was withdrawn after numerous women threatened to send Cosgrove their used tampons "just in case."

It's time for all of us to consider that while most may have read Margaret Atwood's "The Handmaid's Tale" as a cautionary fable, the Right read it as a blueprint.

We need to also remember that when the Right tell us they went less activist judges and want lawmakers to make policy; this is the kind of sick crap they have in mind.

They have no intention of just trying to outlaw abortion.

They will not be happy until they establish a Taliban-like grip of control over women's bodies and their lives.

UPDATE (10-6-05):
Legislator drops controversial plan

A controversial proposed bill to prohibit gays, lesbians and single people from using medical procedures to become pregnant has been dropped by its legislative sponsor.

State Sen. Patricia Miller, R-Indianapolis, issued a one-sentence statement this afternoon saying: “The issue has become more complex than anticipated and will be withdrawn from consideration by the Health Finance Commission.”

Thanks to Philip Shropshire for the heads up.

3 comments:

Philip Shropshire said...

Well, that just sounds insane and, yet, predictable coming from these guys. It looks like they want to put the clamps on single women raising kids without male fathers, which I kinda think is a bad idea, but I won't put you in jail over it. I guess that's the essential difference between me and them. Incarceration and stonings aren't my A options...

Shawn said...

I can only imagine that this will not hold up on a political level outside of Indiana, if even there. Legally, well, I'm no lawyer but I can imagine that if Roe v. Wade establishes a woman's right to choose, that right extends not only to abortion but also to choosing to reproduce REGARDLESS of the means, or even the marital status of the woman.

This could be a real albatross for the pro-life movement. Many believe abortion is wrong. They call themsleves 'pro-life' and many will even question the right of a woman to terminate a preganancy (sic?) in matters of incest or a real threat to the mother's life. Those who claim this cannot, in my view, logically claim to be 'pro life' if they criminalize any conceptions except those brought about by natural means by a married (or closeted bisexual/lesbian) woman.

Of course, Rick Santorum is rejoicing. Not touching himself, mind you ("angels will kill you"), but rejoicing all the same.

Philip Shropshire said...

Update: This bill was withdrawn because it was just wayyyy too crazy even for wingnuttery...I thought they valued "life" anyway...