The Republican whackos are at it again

[pegkerr]

From ceilidh:

You have GOT to be kidding me

Republican lawmakers are drafting new legislation that will make marriage a requirement for motherhood in the state of Indiana, including specific criminal penalties for unmarried women who do become pregnant "by means other than sexual intercourse."

According to a draft of the recommended change in state law, every woman in Indiana seeking to become a mother through assisted reproduction therapy such as in vitro fertilization, sperm donation,and egg donation, must first file for a "petition for parentage" in their local county probate court.

Only women who are married will be considered for the "gestational certificate" that must be presented to any doctor who facilitates the pregnancy. Further, the "gestational certificate" will only be given to married couples that successfully complete the same screening process currently required by law of adoptive parents.

As it the draft of the new law reads now, an intended parent "who knowingly or willingly participates in an artificial reproduction procedure" without court approval, "commits unauthorized reproduction, a Class B misdemeanor." The criminal charges will be the same for physicians who commit "unauthorized practice of artificial reproduction."

A draft of the legislation is available on the Health Finance Commission website here.

As ceilidh says, What the hell? Unauthorized reproduction? WTF is this, A Handmaid's Tale?

Edited to add: Apparently someone somewhere has come to their senses, because the proposed legislation is being dropped</>. Geez. Thank heavens.

Comments

[ajodasso.livejournal.com]

WTF is this, A Handmaid's Tale?

We're heading there.

[pegkerr.livejournal.com]

Found this link. The proposed legislation is being dropped.

[whapnoggin.livejournal.com]

Truly, truly frightening.

[dreamflower]

Dropped or not, that is pretty damn scary, that it even got that far. And what were the proposed penalties for women who weren't married and got pregnant the old-fashioned way? Were the fathers to be persecuted er, prosecuted like the doctors? I would bet that's the question that got it dropped...

Mind you, when I hear of some cases of child abuse, I too, sometimes think natural parents should go through some sort of screening, but it's only a passing notion...

[http://users.livejournal.com/anam_cara_/]

You should read Sheri Tepper's Gibbon's Decline and Fall I don't see it as man-hating at all, but it addresses over and over again the fundamental need for women to have control over their own reproductivity in any aspect.

Oh, and this is what I found when I Googled Sen. Miller:


HEA1630 HIV testing of pregnant women

Author: Rep. Peggy Welch, Bloomington

Sponsor: Sen. Patricia Miller, Indianapolis

Requires that a pregnant woman be tested for HIV during pregnancy or at the time of delivery unless she refuses. Requires that a pregnant woman's refusal to consent to the test be documented in the woman's medical records. Requires a pregnant woman who refuses to consent to the test to acknowledge that she: (1) received the required counseling and information; and (2) refuses to consent to the test. Specifies certain information regarding HIV testing, transmission, prevention, and treatment that must be provided to a pregnant woman. Requires that information regarding the HIV testing status of a pregnant woman be included on the confidential part of the birth or stillbirth certificate. Makes the results of the tests confidential. Requires the Indiana State Department of Health to distribute written materials explaining treatment options for individuals who have a positive HIV test. Repeals a provision concerning voluntary HIV testing for pregnant women and a provision containing an obsolete definition. Latest action: 05/08/2003 H: Governor Signed

[tinymich.livejournal.com]

I'm pretty sure that this is already existing law in Singapore, where I'm (unfortunately, I sometimes think) from. When the few people who dared tried to protest, they were told, what are you, an evil person who WANTS babies to get AIDS?

I actually think that ours is worse, because IIRC, the pregnant women are *not* allowed to even refuse the test.

[callunav.livejournal.com]

I have got to say, my reaction to this when Julian told me about it the other day was, "Wait, it targets any kind of pregnancy outide of marriage, not just artificial insemination?"* And when she said yes, I said, "Oh, good. It won't go through."

It's crazy. If it were limited to the one, it would still be crazy, but it might go through,** and take a few years to be overturned by the courts. But as it was, there was, I hoped and believed and proved to be correct, no chance.

It would make trouble, you see. It's much easier to enact insane laws which allow for things not to change significantly - for instance a DOMA - because inertia is a fine and reliable force for conservatism. Things which would cause huge upheavals - much more problematic when you get them to the stage where people actually consider outcomes and consequences.

I don't trust any legislature's morals, ethics, consistency, or accountability to the people. But I do trust them, somewhat,*** not to make more work for themselves and everyone involved.

Which means I was very glad it was as crazy as it was, believe you me.



* The current proper term is 'donor assisted insemination' but I've been saying the other for so long it just pops out. Er. So to speak.

** I believe that, for instands, some part of Canada, if not the whole thing, maybe fifteen years ago passed a law that sperm banks could only be used by married couples having infertility problems. I also believe this has since been overturned. Honestly, I don't know a lot about it - but it's this kind of thing that I could see as possible.

*** Not enough trust to sleep well at night, mind you, but some.

**Sigh**

[alfreda89.livejournal.com]

I'm embarrassed enough about living in the state that gave The Shrub to the nation. Now I need to be embarrassed of my birth state?

I don't know whether to hope or fear the eventual backlash--because people do NOT like having their private lives under a microscope.

"more complex than anticipated..."

[dreamshark.livejournal.com]

Yikes! It's scary to think that anybody, even a Republican, could seriously introduce a bill containing language like that.

Judging from the phrasing of the follow-up article, however, it sounds like a bit of an exaggeration to say that the bill was introduced by Republican lawmakers (plural). Reading between the lines here, I'm guessing that Ms. Miller managed to embarrass even her own party with this one. It would be interesting to know the partisan makeup of the committee that nixed the bill - majority Republican or Democrat? Clearly there weren't any other Republicans on the committee that wanted their names associated with this bill, which is faintly encouraging.

'State Sen. Patricia Miller, R-Indianapolis, issued a one-sentence statement this afternoon saying: “The issue has become more complex than anticipated and will be withdrawn from consideration by the Health Finance Commission.”'

A good scare!

[litgirl101.livejournal.com]

Yikes! Before I read your postscript, I was really frightened!

[gina227.livejournal.com]

Good Lord. What's next, a one-child policy, forced abortions and sterilizations? Might as well pack up and move to China.