What We Missed

If the Governor of Tennessee signs this bill into law, miscarriage will count as murder.

At The New Yorker, Anna Holmes on “Girls.”

In California, there’s been progress on a new bill that would protect patients from predatory and harmful “ex-gay therapists.”

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  1. k
    Posted April 24, 2012 at 8:13 pm | Permalink

    I was shocked when I saw the miscarriage headline/ read the linked article, so I did some research and just wanted to clarify the bill. Pursuant to it, miscarriage is only considered murder if you commit a criminal act with the requisite mental state (ie malice aforethought) against a woman who is pregnant, leading to a miscarriage. Thus, this only applies to criminal third parties.
    The legal status of properly performed medical abortion is in no way affected by the bill (as it expressly states.) Furthermore, a woman who has a miscarriage will not be charged with homicide:

    “(c) Nothing in subsection (a) shall apply to any act or omission by a pregnant
    woman with respect to an embryo or fetus with which she is pregnant, or to any lawful
    medical or surgical procedure to which a pregnant woman consents, performed by a
    health care professional who is licensed to perform such procedure. ”

    So while the headline as posted makes the bill appear extremely anti-women, the bill is focused on increasing penalties for criminals who intentionally or with depraved recklessness injure a pregnant woman, causing a miscarriage.

  2. k
    Posted April 24, 2012 at 8:25 pm | Permalink

    so long story short the headline could read “If the Governor of Tennessee signs this bill into law, committing a criminal act against a woman which causes her to suffer a miscarriage will be deemed homicide.”

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