Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

June-18-10

Kentucky Supreme Court Rules Fetus Cannot Be Considered Separate Person

The Kentucky Supreme Court ruled yesterday that a fetus cannot be legally separated from the pregnant woman carrying it, and thus cannot be treated as a separate legal person.

In the case, Ina Cochran v. Commonwealth of Kentucky (PDF), Cochran was indicted for first-degree wanton endangerment after both she and her newborn child tested positive for cocaine in December 2005. The Kentucky Supreme Court found her charge to be in contradiction to the Maternal Health Act of 1992 and dismissed her indictment.

According to the opinion of the court, the Maternal Health Act of 1992 explicitly reads, "punitive actions taken against pregnant alcohol or substance abusers would create additional problems, including discouraging these individuals from seeking the essential prenatal care and substance abuse treatment necessary to deliver a healthy newborn." Therefore, pregnant women who abuse substances should not face punishment outside of that which a non-pregnant person would sustain.

National Advocates for Pregnant Women, the organization largely responsible for advancing the defendant's case, called the court's opinion a reinforcement of "the importance of Kentucky's public health approach to the issue of drug use and pregnancy." According to the group, the decision "protects the civil and reproductive rights and health of all women in Kentucky."

Although Cochranís wanton endangerment charge was dropped, her indictment for "being a second-degree persistent felony offender" withstands.

Media Resources: Kentucky Supreme Court 6/17/10; National Advocates for Pregnant Women 6/17/10


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/30/2014 Medication Abortion Access Threatened by Oklahoma Court Ruling - An Oklahoma state district court judge has refused to block a state law restricting medication abortion, clearing the way for the law to go into affect on November 1. The Oklahoma Coalition for Reproductive Justice, together with a local abortion clinic in Tulsa, challenged HB 2684 in September, arguing that the law was an unconstitutional restriction on non-surgical abortion in the earliest weeks of pregnancy. . . .
 
10/30/2014 UPS Switches Pregnant Worker Policy Ahead of Supreme Court Case - The United Parcel Service (UPS) is changing its policy on light duty assignments for pregnant workers, even though the company will stand by its refusal to extend accommodations to a former employee in an upcoming Supreme Court case. UPS announced on Monday in a memo to employees, and in a brief filed with the US Supreme Court, that the company will begin offering temporary, light-duty positions to pregnant workers on January 1, 2015. . . .
 
10/30/2014 North Dakota Medical Students Speak Out Against Measure 1 - Medical students at the University of North Dakota School of Medicine and Health Sciences are asking North Dakotans to vote no on Measure 1, a personhood measure on the state ballot this fall. The students issued published a letter in the Grand Forks Herald stating that they opposed Measure 1 in part because they are against "the government's taking control of the personal health care decisions of its citizens." Nearly 60 UND School of Medicine students signed the letter, citing concerns over the "very broad and ambiguous language" used in the proposed amendment, which has no regard for serious and life-threatening medical situations such as ectopic pregnancies. Measure 1 would change the North Dakota state constitution to create an "inalienable right to life" for humans "at any stage of development" - including the moment of fertilization and conception. . . .