Utah Moves to Criminalize Miscarriage. Hint to Utah Women: Avoid Stairs
The anti-abortion movement is all about protecting the unborn fetus, yes? It’s not about criminalizing motherhood at all, right? Right!
Unless you live in Utah.
Jezebel has the Roundup of Outrage over a bill awaiting the governor’s signature that specifies up to life imprisonment for any woman who commits an “intentional, knowing or reckless act” that causes her pregnancy to terminate. (Abortion is excluded.) The bill is a reaction to a case in which a woman paid a guy $150 to beat her baby out of her.
Nice, right? Two people were involved in that incident, yet Utah fashions a bill that targets the one without a penis.
What’s so monstrous about this law is that, as Dan Savage notes, every miscarriage is a potential criminal case. Savage focuses on the impracticality of this: how do you track every miscarriage in the state when up to 20% of all pregnancies naturally miscarry? I’m thinking more of the impact on the woman herself. Have you ever known a woman who’s miscarried? If so, you know the pain and anguish that accompanies the experience. Can you imagine being a woman (or her partner) and having to endure criminal questioning by the police and state prosecutors during your recovery?
And I don’t give a good goddamn what anyone says – this law criminalizes abortion. If that’s not the intent, then why is the punishment – up to life in prison – equivalent to homicide?
If you think such laws won’t be used maliciously, then you (1) don’t know how power operates, and (2) didn’t hear about Christine Taylor, who narrowly avoided prosecution under Iowa’s feticide law after falling down a flight of stairs. Taylor’s case illustrates my fear: while being treated for her fall, the emotionally distraught mom-to-be confided in a nurse that she didn’t know if she wanted to continue her pregnancy. The nurse told a doctor. The doctor called the cops. Within a span of hours, Iowa had criminalized Taylor’s fears. Taylor avoided prosecution because Iowa’s law only because Iowa’s law applies to the third trimester, and she was at the start of her second.
All that can stop this bill at this point is a veto. It’s on Governor Gary Herbert’s desk. Herbert, while campaigning, made clear that he thinks prosecuting women for “illegal abortions” is just swell:
In concept, I understand what they’re trying to do [with the criminal homicide change]. There should not be the ability of the woman to have gotten off scot-free [when she obtains an illegal abortion]. What we don’t want to do, as we create laws with the best of intentions, is to have some unintended consequences.
We’ll know shortly whether this law falls under Herbert’s “unintended consequences” clause. Wanna take bets?

Poor M.D. Nalapat. The UNESCO Peace Chair India’s Manipal University has surely penned what he believes 




Writer and father of four in Seattle, WA. It is my dream to be a professional smartass. Until then, I'm working pro bono.



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