Reproductive Rights Prof Blog

Victory in the Regina McKnight Case

Via the ACLU Blog:

Earlier this week, the South Carolina Supreme Court unanimously ruled that Regina McKnight, a woman convicted in 2001 of homicide after suffering a stillbirth and admitting to cocaine usage, did not have a fair trial. In so doing, the court recognized that McKnight's counsel failed to make use of existing evidence that could have shown that factors other than McKnight's drug use could have caused the stillbirth.

The court's ruling has significant import for the dozens of pregnant women in the United States each year that, like McKnight, are criminally charged for continuing their pregnancies to term despite their struggles with drug addition. (A recent New York Times article profiles several such women and their prosecutions in Alabama.)

While courts in other states have routinely rejected prosecutions of pregnant, drug-using women, they have not addressed the question of whether pre-natal exposure to substances causes harm to the fetus.

S.C. Supreme Court Overturns Mother's Homicide Conviction for Drug Use During Pregnancy

MyrtleBeachOnline: High court overturns mother's conviction, by Kelly Marshall Fuller and Janelle Frost:

The S.C. Supreme Court on Monday overturned a conviction that sent a Conway woman to prison for 12 years.

The court ruled that Regina McKnight, who was convicted in 2001 of homicide by child abuse after being accused of killing her unborn child with cocaine, must be granted a new trial.

McKnight gave birth to a stillborn, 5-pound girl May 15, 1999. The baby's age was estimated at between 34 and 37 weeks.

McKnight's first trial, in January 2001, ended in a mistrial. Four months later, a jury convicted her.

Monday's decision means that case will be remitted to the 15th Circuit Solicitor's office within 30 days, Solicitor Greg Hembree said....

In January 2003, the S.C. Supreme Court upheld McKnight's conviction. The U.S. Supreme Court then refused to hear her case.

Read the decision. 

Lucinda Marshall on "The Abortion Conversation We Should Be Having"

Lucinda Marshall writes on AlterNet:                                                                                                    

Abortion is not an isolated issue of choice, but part of a complex set of issues that reproductive rights advocates need to address holistically.

Far too often, I have the nagging feeling that we're having the wrong discussion. About what? Pretty much darned near everything but none more so than the endless pro-life vs. pro-choice debate.

During a recent community conversation in Louisville, KY, Loretta Ross, the National Coordinator of SisterSong Women of Color Reproductive Health Collective offered what I think is a far more productive framework for discussing the abortion issue. Ross posits that abortion is only part of the issue of reproductive health and rights, which she points out include not only the right not to have a child but also the right to have a child.

Call for Papers: Reproductive Justice Anthology

Via SisterSong: Women of Color Reproductive Health Collective:

SisterSong is excited to announce that the creation of a special anthology on Reproductive Justice is currently underway. Please accept this invitation from SisterSong to submit a contribution to be considered for this ground-breaking anthology....

The theory, strategy and practice of Reproductive Justice was created by African American women in 1994 because we were looking for a way to articulate the needs of our communities of color that face multiple forms of reproductive oppression. We needed an intersectional analysis defined by the human rights framework -- based on the practice of self-help -- that would be inclusive and applicable to everyone. SisterSongs three core Reproductive Justice principles developed since our founding in 1997 reflect the theory and practice we collectively learned and shared. We believe that every woman has the right to:

1. Decide if and when she will have a baby and the conditions under which she will give birth

2. Decide if she will not have a baby and her options or preventing or ending a pregnancy

3. Parent the children she has with the necessary social supports in safe environments and healthy communities, and without fear of violence from individuals or the government.

The deadline is June 1, 2008.  More information and submission guidelines are available here.

DOCUMENTARY FILM, "SILENT CHOICES," ADDRESSES ABORTION AMONG AFRICAN AMERICANS

DOCUMENTARY FILM SILENT CHOICES BREAKS THE SILENCE ABOUT
ABORTION AMONG AFRICAN AMERICANS

WINNER – Best Documentary, 2007 Roxbury Film Festival

Wednesday, February 20 – 7 p.m.
Anthology Film Archives
32 Second Avenue
New York, NY
Tickets: $5
Presented by the Black Documentary Collective

Wednesday, February 27 – 6 p.m.
University of Arizona
The Center for Creative Photography
1030 North Olive Road
Tucson, AZ
FREE ADMISSION
Sponsored by the ASUA Women's Resource Center

Chicago-born filmmaker Faith Pennick was sent on a mission after a friend made a simple,
straightforward comment. During an argument about the future of the Roe v. Wade Supreme
Court decision that legalized abortion in 1973, her friend declared to Pennick, “Abortion is a
white woman’s issue, and black women have more important things to worry about.”
“I was floored by her comment,” said Pennick, “but I understood where that statement came
from. Anytime you see media reports about abortion, it’s the same handful of middle-class,
middle-aged white women running pro-choice organizations that are interviewed. How do you
relate to an issue if you don’t see yourself in it?”

Pennick’s response to her friend is the groundbreaking documentary, Silent Choices. The 60-
minute film examines the controversial issue of abortion and how it impacts the lives of African
American women. Depicting the juxtaposition of racial and reproductive politics, the film takes a
viewer on a journey from the early 20th century to the present day and depicts how African
Americans contributed to and were affected by abortion and family planning. From African
Americans’ cautious involvement with Margaret Sanger during the early birth control movement
to black nationalists and civil rights activists who staunchly opposed abortion and birth control--
or stayed silent on the issue--Silent Choices unmasks the complexities of this extremely
emotional issue among African Americans.

Notable experts interviewed for the film include National Black Women’s Health Imperative
founder Byllye Avery, Northwestern University School of Law professor Dorothy Roberts,
former Black Panthers chairman Elaine Brown and Rev. Carlton Veazey, President & CEO of
the Religious Coalition for Reproductive Choice. The film also follows the stories of three
African American women who had abortions:

• Lori had two abortions while in college. She attended 1994’s March for Women’s Lives to make
her pro-choice voice heard.
• Qrescent – a high-achieving student who terminated her pregnancy during her senior year of high
school and holds no regrets.
• Angela describes the fear and shame she felt during and after an illegal abortion.

In addition, Pennick interviewed African Americans who are pro-life, including Annette, the
friend who told her “abortion is a white woman’s issue.”

Silent Choices is available for purchase as an educational video from New Day Films
(www.newday.com).

Silent Choices is directed, produced and edited by Faith Pennick (60 min., color, shot on digital
video). It is her first feature-length film. For more information, visit www.silentchoices.com.

Studies Plumb Depths of Black Maternal Health Woes

Women's eNews correspondent Molly M. Ginty writes (9/28):

Five reports released today probe the health crisis that afflicts black women and makes their infants more likely to die before their first birthday. Authors implicate racism and poverty in the high levels of infant mortality and premature births.

(WOMENSENEWS)--Black women are twice as likely as white women to give birth prematurely and five times more likely to do so in Southern states such as Mississippi.

A black woman is 3.7 times more likely to die during pregnancy than a white woman and six times more likely to do so in some urban areas such as New York City.

Researchers at the Atlanta-based Centers for Disease Control and Prevention found college-educated black women twice as likely as other women to deliver premature or underweight babies. Scientists found subjects' birth outcomes resembled those of unemployed, uninsured white women with low education levels.

The National Black Religious Summit 11 on Sexuality: Breaking the Silence is happening this week

From the website of the Religious Coalition for Reproductive Choice (where you can also download a copy of the brochure):

THE NATIONAL BLACK RELIGIOUS Summit 11 on Sexuality: Breaking the Silence
July 11-13, 2007 at Howard University School of Divinity in Washington, DC
Black clergy, laity, and youth will continue the dialogue on critical issues affecting the African American community, including teen pregnancy, sexuality and religion, domestic violence, HIV/AIDS and other issues of reproductive health.

The conference is part of the National Black Church Initiative, which "encourages and assists African American clergy and laity in addressing teen childbearing, sexuality education, unintended pregnancies, and other reproductive health issues within the context of African American culture and religion."

 

Fla. to Fund Research On High Infant Mortality Rates Among Minorities

Via the Kaiser Daily Women's Health Policy Report:

Florida Gov. Charlie Crist (R) on Monday signed a bill into law that will fund research examining the cause of high infant mortality rates among minorities, the Fort Meyers News-Press reports. According to a legislative staff analysis, Florida's infant mortality rate in 2005 was 12.5 deaths per 1,000 live births among minorities, compared with 5.3 deaths per 1,000 live births among whites (Booth Reed, Fort Meyers News-Press, 7/3). The bill, sponsored by Rep. Betty Reed (D) and Sen. Arthenia Joyner (D), provides a one-time, $1 million grant to be used by researchers to find the cause of the disparity (Mishkin, St. Petersburg Times, 7/3). The grant also will go toward two or more Healthy Start coalitions in areas with a black infant mortality rate nearly double that of whites, according to the News-Press (Fort Meyers News-Press, 7/3). The Florida Department of Health will administer the programs and allocate the funds. Reed said, "With the signing of that bill today, ... I hope I started the process of really taking charge of the disparity" (St. Petersburg Times, 7/3).

SisterSong Will Hold 2007 National Conference

SisterSong Women of Color Reproductive Health Collective will hold its 2007 National Conference, entitled “Let’s Talk about Sex,” in Chicago, May 31-June 3.  The conference will be hosted by African American Women Evolving.

Read more, and register for the conference, at the SisterSong website.

Life: It's About Much, Much More Than Preventing Abortion

Where are all the "pro-lifers" after the baby is born?  The New York Times, In Turnabout, Infant Deaths Climb in South, by Erik Eckholm, reports on an ominous rise in the infant mortality rate, particularly among African American babies, in states like Mississippi, where many live in deep poverty and depend on government assistance for their health care.  The racially lopsided increase only adds to an already disturbingly large racial disparity in infant death rates nationwide.

Most striking, here and throughout the country, is the large racial disparity. In Mississippi, infant deaths among blacks rose to 17 per thousand births in 2005 from 14.2 per thousand in 2004, while those among whites rose to 6.6 per thousand from 6.1. (The national average in 2003 was 5.7 for whites and 14.0 for blacks.)

Paralleling this trend has been a decrease in access to health services for low-income pregnant women in Mississippi:

The state Health Department has cut back its system of clinics, in part because of budget shortfalls and a shortage of nurses. Some clinics that used to be open several days a week are now open once a week and some offer no prenatal care.

The department has also suffered management turmoil and reductions in field staff, problems so severe that the state Legislature recently voted to replace the director.

But that didn't stop Dr. Bouldin Marley from blaming Mom:

“I don’t think there’s a lack of providers or facilities,” he said. “Some women just don’t have the get up and go.” 

See also these posts: CDC Report on Fetal Mortality;  Pro-Life-After-Birth

NPR Program on Anti-Choice Targeting of Black Communities

In Monday's Kaiser Daily Women's Health Policy Report, NPR Program Features Discussion on Antiabortion Groups Targeting Blacks in Urban Communities:

NPR's "News & Notes" on Friday included a discussion with Lillie Epps, director of Care Net's Urban Initiative, and Loretta Ross, founder of the group Sistersong: Women of Color Reproductive Health Collective, about how some antiabortion groups are increasing outreach toward blacks in urban communities (Corley, "News & Notes," NPR, 3/23).

The Kaiser Report includes a link to the segment.

Racial Disparities in Pre-Term Births

A study, Racial disparity in the frequency of recurrence of preterm birth, was published in the February issue of AJOG.  Here is the description:

Objective

We examined the hypothesis that black race independent of other factors increases the risk for extreme preterm birth and its frequency of recurrence at a similar gestational age.

Study design

We conducted a population-based cohort study using the Missouri Department of Health’s maternally linked database of all births in Missouri between 1989 and 1997 for factors associated with recurrent preterm delivery.

Results

Recurrent black preterm births occurred at increased frequency (adjusted odds ratio 4.11 [95% confidence interval 3.78 to 4.4.47]) and earlier gestations (31 versus 33 weeks’ median age) than white births. Black siblingships also had higher multiplicity of prematurity (odds ratio 2.14 [95% confidence interval 1.49 to 3.07] and 5.09 [95% confidence interval 1.26 to 20.51] for 3 and 4 preterm births). Additionally, 47% of women delivered recurrent preterm infants within 2 weeks of the gestational age of their initial preterm infant.

Conclusion

Overrepresentation of preterm births in blacks occurs independently of maternal medical and socioeconomic factors. Furthermore, the grouping of timing for preterm birth in different pregnancies of the same mother implicates important genetic contributors to the timing of birth.

From a New York Times story on the study: Study Points to Genetics in Disparities in Preterm Births:

Black women have significantly higher rates of premature birth than white women, and a new study suggests there may be underlying genetic factors even when other known risks are taken into account.

The researchers, who published their findings this month in The American Journal of Obstetrics & Gynecology, say that even though preterm birth is not a desirable outcome, it may provide some advantage, perhaps protection against diseases — in somewhat the same way the gene for sickle cell confers protection against malaria.

“We have to think of everything in the context of what’s been evolutionarily advantageous,” said Dr. Louis J. Muglia, a professor of pediatrics at Washington University in St. Louis, who was the senior author of the study.

Dr. Muglia noted that during a normal pregnancy, certain immune responses are suppressed, and that cytokines, the molecules involved in healthy immune response, are heavily involved in preterm birth.

“The same things that select for a robust immune response,” he said, “may also confer a risk for giving birth early.”

Some experts remain skeptical. Neil J. Risch, director of the Institute for Human Genetics at the University of California, San Francisco, said he was not impressed with the quality of the evidence.

“They’re inferring something is genetic by elimination of other factors,” he said. “But geneticists believe that to implicate something as genetic requires direct evidence, as opposed to evidence by absence. One should use high standards of evidence before trying to directly implicate genetics in group differences. There could be a genetic contribution, but they haven’t shown it.”

CDC Report on Fetal Mortality

The CDC released a report last week analyzing fetal mortality rates in the United States from 1990-2003.  Although there is a general downward trend, racial and ethnic disparities persist.  Here is the abstract:

Objectives—This report presents 2003 fetal and perinatal mortality data by a variety of characteristics, including maternal age, marital status, race, Hispanic origin, and state of residence; and by infant birthweight, gestational age, plurality, and sex. Trends in fetal and perinatal mortality are also examined. Methods—Descriptive tabulations of data are presented and interpreted.
Results—The U.S. fetal mortality rate in 2003 was 6.23 fetal deaths of 20 weeks of gestation or more per 1,000 live births and fetal deaths. Fetal and perinatal mortality rates have declined slowly but steadily from 1990 to 2003. Fetal mortality rates for 28 weeks of gestation or more have declined substantially, whereas those for 20–27 weeks of gestation have not declined. Fetal mortality rates are higher for a number of groups, including non-Hispanic black women, teenagers, women aged 35 years and over, unmarried women, and multiple deliveries. Over one-half (51 percent) of fetal deaths of 20 weeks of gestation or more occurred between 20 and 27 weeks of gestation.

From the CDC's press release:

The rate of fetal deaths occurring at 20 weeks of gestation or more (also known as stillbirths) declined substantially between 1990 and 2003, according to a report by the Centers for Disease Control and Prevention (CDC). Although fetal mortality rates declined among all racial and ethnic groups from 1990-2003, the rate for non-Hispanic black women was more than double that of non-Hispanic white women (11.56 per 1,000 vs. 4.94 per 1,000).

“While we can certainly see progress has been made in preventing fetal mortality, it is also clear that disparities remain along race and ethnic lines,” said Dr. Marian MacDorman, lead author of the study.