Alabama Woman Faces Manslaughter Charge After Death of Fetus – Do You Support the Charge?

What’s the story?

• A 27-year-old Alabama woman has been indicted on manslaughter charges over her fetus’ death.
• Police say Marshae Jones of Birmingham was at fault for initiating the shooting that resulted in the loss of her pregnancy.
• The grand jury that indicted Jones declined to hand a criminal indictment against Ebony Jemison, the woman who pulled the trigger.
• The Jefferson County Bessemer Cutoff District Attorney's office said the “grand jury, based on the facts presented, determined that Ms. Jemison acted in self-defense and did not warrant charges against her, and that Ms. Jones should face charges for her actions resulting in the death of her unborn child."

Not the first “personhood” lawsuit

• In May, an Alabama judge ruled that a man whose girlfriend ended her pregnancy could pursue a wrongful-death lawsuit against the drug manufacturer of the pill she used and the clinic that provided it.

What’s Alabama’s abortion law?

• Last November, Alabama voters approved a measure to amend the state’s constitution to recognize the “sanctity of unborn life and the rights of unborn children.” The state’s “personhood law” recognizes the legal rights of the unborn.
• In May, Alabama's governor signed a law banning most abortions after six weeks of pregnancy, without exceptions for rape or incest.

“Under Alabama law, life begins at conception,” Bryan Fair, professor of Constitutional Law at the University of Alabama School of Law, told the New York Times. “The question is whether that is consistent with federal constitutional law.”

What are people saying about the recent manslaughter charges?

“The investigation showed that the only true victim in this was the unborn baby,’’ Pleasant Grove police Lt. Danny Reid said in December, shortly after the shooting.

• Reid continued: “It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.”
• In a joint statement, Planned Parenthood and Planned Parenthood Southeast said the case represented the "criminalization of black women.”

"As a Black woman, despite being physically harmed and losing her pregnancy, the state does not recognize Marshae as a victim — only her fetus," the statement said. "With Alabama’s recent abortion ban, we will continue to see people of color being charged for their reproductive decisions and outcomes."

What do you think?

Should women be prosecuted for the death of their fetus? Do you support “personhood” laws? Take action and tell your reps, then share your thoughts below.

—Josh Herman

(Photo Credit: Aletia via Flickr)