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
5/27/2015 California Passes Reproductive FACT Act - The California State Assembly passed the Reproductive Freedom, Accountability, Comprehensive Care and Transparency (FACT) Act yesterday.
AB 775, or the FACT Act, passed 48-25 in a vote, and requires that unlicensed facilities in California that provide pregnancy-related services disclose that they are not licensed medical providers. . . .
5/26/2015 Ireland Votes Overwhelmingly to Legalize Same-Sex Marriage - Over the weekend, the people of Ireland voted overwhelmingly to pass a national referendum legalizing same-sex marriage.
Ireland became the first country in the world to pass marriage equality through popular vote on Friday. . . .