Victory in Kentucky: Fetuses cannot be legally disconnected from the pregnant woman carrying them

Via the National Advocates for Pregnant Women, some good news on the legal front:

I am thrilled to let you know that the Kentucky Supreme Court once again refused to advance the war on drugs to women’s wombs and made clear that pregnant women, no less than other persons, are protected by the rule of law. By refusing to accept the prosecution’s argument that the “unborn” should be legally disconnected from the pregnant women who carry them and treated as if they were separate legal persons, this decision protects the civil and reproductive rights and health of all women in Kentucky.

In this case, a pregnant woman was prosecuted in flagrant disregard for Kentucky law, embodied in its Maternal Health Act of 1992, and binding Kentucky Supreme Court precedent. NAPW worked extensively with the defendant’s talented public defenders (including Jamesa Drake, who presented a brilliant oral argument) and many treatment, recovery, and health allies in the commonwealth. NAPW, with attorneys Allison Harris of Shearman & Sterling and Kentucky Attorney Michael Goodwin, filed an amicus brief to highlight the negative public health consequences that would arise if drug-using women were to be punished for becoming mothers. Twenty-five public health organizations, advocates, and experts were represented on our brief (see list below) and more than sixty were represented as amici in the case. Today’s opinion reinforces the importance of Kentucky’s public health approach to the issues of drug use and pregnancy, and the fact that prosecutors should not be allowed to legally separate the fetus from the pregnant woman who carries and nurtures it.

Some of the scariest changes in laws regarding women, autonomy and pregnancy happen at the legal level, across the US. This is a big victory. Read the rest of NAPW’s post here.

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