More on What’s Common and What Makes Sense

Yesterday’s post sparked quite the kerfuffle in comments. Here’s a follow up: National Advocates for Pregnant Women staff attorney Tiloma Jayasinghe has an article up at RH Reality Check describing a recent victory in New Mexico. Last month, the NM Supreme Court held that the state’s child abuse statutes do not apply in the context of pregnancy. In doing so, the state overturned the convictions of two women who had been convicted – by plea or by trial – of child abuse because they were unable to beat their drug addictions during pregnancy. New Mexico is among 49 states (South Carolina being the only exception) that have refused to criminalize drug use during pregnancy.

Here’s an excerpt.

Together, we informed the Court that the state’s prosecution of Ms. Martinez lacked foundation in law and medical science, interfered with the provider-patient relationship, undermined both maternal and fetal health, and ignored the fact that pregnant women, mothers and families lack access to family drug treatment in New Mexico.

The New Mexico Supreme Court listened.

During oral argument, the Justices referenced our public health amicus brief and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care. Their decision adds New Mexico to the list of 20 other state appellate courts that have determined that state child abuse statutes do not apply to the context of pregnancy and the fetus.

Treatment and education—not punitive measures that will drive women who need help underground—present the real solution to issues of drug use and pregnancy. It’s time to press our legislators to pass legislation that positively impacts women’s health. Increase funding to rural prenatal clinics. Increase funding to residential, family-based treatment centers that allow families to recover together. Increase the number of treatment centers and ensure that pregnant women are not left stagnating on waiting lists.

Read more at RH Reality check.