Tuesday, April 04, 2006

Texas Appeals Court Rules that Texas Cannot Criminalize Women Who Use Illegal Drugs During Pregnancy

Last week a Texas appeals court overturned convictions of two women who were accused of harming their fetuses by using drugs during pregnancy.

"Many health professionals argue that intervention by law enforcement will simply instill women with the fear that those they turn to for help will end up turning them in."


If people are afraid they will be turned in they are less likely to seek out help - even if they desperately need it.

This is actually a win for both pro-abortion and anti-abortion individuals. It is good to see that when the Constitution comes under attack (as it did with the Texas Prenatal Protection Act of 2003 in a direct violation of the Fourth Amendment,) that the courts will rule in favor of the people at large. The article points out, and I agree, that women do not lose their constitutionally assured right to privacy simply because they are pregnant.

If we truly want to help women who are pregnant and use drugs then we need to try to rehabilitate them - not arrest them. Get them into rehab, teach them life skills, go above and beyond to help them learn how to parent.

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