A petition is circulating online asking Gov. Bill Haslam to veto SB 1391. The bill would modify the Tennessee criminal code to allow for criminal assault charges to be brought against women who use illegal narcotics while pregnant, should their drug use lead to harm or death for the fetus or child. These charges carry a penalty of up to 15 years in prison. But the bill is so badly written, it could affect all pregnant women in Tennessee, whether or not they use drugs, should something go wrong during their pregnancy. In effect, SB 1391 threatens to criminalize pregnancy in Tennessee.
Policy analysts and political commentators across the world have voiced their concerns with SB 1391, arguing that it could have far-reaching consequences (Reality Check, The Guardian, The New York Times, The Daily Beast, and NPR). Even some pro-life groups recognize that SB 1391 could incentivize abortions for women who use drugs, since women risk up to 15 years in prison by continuing their pregnancy, especially if they are unable to access drug treatment programs (All Our Lives).
If we really want to support the flourishing of children in Tennessee, then we need to move beyond the pro-life/pro-choice framework to seek reproductive justice for everyone, based on “the right to have children, not have children, and to parent the children we have in safe and healthy environments” (SisterSong). For example, rather than punishing women who use illegal drugs while pregnant, we should be extending the Safe Harbor Act to support women who use either prescription drugs or non-prescription drugs to get the treatment they need, and to stay clean for the sake of their families and themselves.
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