New Alabama law that puts some new mothers in jail, causing controversy

The Birmingham News ^ | Thursday, February 14, 2008 | DAVE PARKS

[Condor 63]

Shekelia T. Ward gave birth Jan. 8 at Andalusia Regional Hospital, and the next day she was arrested, jailed and charged with chemical endangerment of a child, a felony.

The reason: Ward and her newborn both tested positive for cocaine, and the hospital reported the information to authorities as evidence of possible child abuse.

Ward's experience is the product of a new law that has some prosecutors, particularly in southeast Alabama, arresting new mothers who test positive for illicit drugs. The prosecutors began filing these charges after the state Legislature in 2006 made it illegal to "chemically endanger" a child.

The new law and how it is being applied is raising a multitude of legal, ethical and medical issues.

[Red Badger]

Shekelia should be in jail for trying to kill her child with cocaine. God doesn’t like it when somebody mistreats his gifts....

[Hegemony Cricket]

What if they both test positive for RU-486?

[Wallace T.]

The irony is if the cocaine addicted mother had had an abortion, she would not be subject to prosecution and other governmental harassment. For a supposedly pro-life state like Alabama to engage in this nanny state legislation, there will be unintended consequences, such as an increase in abortions. “Compassionate conservative” statism is as obnoxious as the liberal variety.

[massgopguy]

But did their drug use affect the outcome of a baseball game?

[TruthShallSetYouFree]

Ward and her newborn both tested positive for cocaine

You can't necessarily blame the mother. Maybe the baby scored some cocaine from the kid in the next bassinet.

[TheBattman]

So are you saying that as long as you give cocaine to a baby BEFORE it is born, then it is all ok. Just don’t give it to them after they are born?

Or would you be A-OK with the “mother” putting illegal drugs in the baby’s bottle too?

My understanding of the term “Pro-Life” is that we desire to protect the LIFE of the unborn. Cocaine or other illegal drug use is quite detrimental to the baby’s life.

[Wallace T.]

The use of narcotics is morally wrong and against the law. I am not a libertarian and believe that, at least on a state or local level, bans on narcotics are justified. The problem is that any mother who has a drug habit is likely to obtain an abortion rather than face imprisonment or endless harassment by social workers. This is an unintended consequence, of course, but it will happen.

Many Christian conservatives have fallen into the liberal mindset that legislation and bureaucracy will change human behavior for the better. They have ignored Biblical teaching about the fallen nature of humanity and the resultant inability of people to abstain from evildoing. They have foolishly accepted the perfectionist beliefs of their secular humanist enemies.

[Ouderkirk]

At some point there needs to be a means to hold these women accountable for their bad actions and for the effect of those actions on the fetus they carry.

I can’t imagine that cocaine is a very helpful gestational vitamin.

[Wallace T.]

The problem with such legislation, even if well intended, is that it will increase the incidence of abortions. There are matters that the law cannot change. From a pro-life perspective, it is better that a child be born, even if he suffers from disabilities due to his mother’s drug addiction, than for a child to be killed in the womb. Let us also recognize that, given the present political situation, Roe v. Wade will remain in effect for the immediate future.

This legislation was poorly conceived and will increase the number of babies killed in abortion mills.

[Balding_Eagle]

I can’t imagine that cocaine is a very helpful gestational vitamin.

I been told by some here at FR that concaine for a unborn is no big deal, and is harmless to the baby.

[DBrow]

Does this mean that health insurance will not pay for the hospital visit? Or the state’s uninsured risk pool, for that matter, or Medicaid?

$$ talks.

Nicotine, sugar, and trans-fat will be next.

[TheBattman]

While I definitely understand the concept of human sinful nature, there also should be a penalty for causing harm to babies, most especially willful harm.

And I also understand you point on the unintended consequences of more abortions to prevent being locked up. But then again, if we are going to protect the life of babies, it should only begin at birth... Protecting the unborn from both abuse AND MURDER should be priorities.

[EdArt]

The point is when does the State have the right to protect its citizens- before birth or after birth. Many say before birth but if you believe in personal freedom then its after birth because my body is mine to do with as I please; not the State.

Suicide or attempted suicide should also be a capital crime because some one was killed on purpose. Just because you did it to yourself or attempted to has nothing to do with the legal position that the State has the right to protect its citizens.

Think about it!!!

[Wallace T.]

The present political climate is such that Roe v. Wade will not be going away for at least another four years. Thus abortion will remain both legal and readily available throughout the nation. The likelihood is that Hillary or Obama will be elected, and they will fill Supreme Court vacancies with liberals. The best we can hope for, should McCain win, are moderates of the type exemplified by Sandra Day O'Connor. The track record of moderate Republicans in selecting Supreme Court justices is not good. In fact, Warren Burger, who was Chief Justice and concurred with Roe v. Wade, was a Nixon appointee.

In the present environment, the legislation as it currently exists in Alabama will bring about more abortions. A drug addicted mother whose abuse causes a child to have birth defects has certainly wronged that child. But this may be an instance where we should rely on God, rather than the civil authorities, to mete out the punishment. The same holds true for abortionists, as baby killing will remain the law of the land. Human justice is uncertain and sometimes flawed, but divine justice is certain and always perfect.