I’m still not convinced that it’s illegal for me to bury a fetus in the backyard. Illinois has a law mandating that any body buried be buried at least 18 inches deep and in a box meeting certain characteristics (but breaking this law is a petty offense, the same as speeding), and there are some pretty strict rules relating to cremation, but I believe the definition of “body” here excludes fetuses. In addition, I still haven’t found anything that clearly prohibits a private burial on your own land – or, for that matter, leaving the body to lay whereever it was found, taking no action at all.
I fear I lack the legal research tools (and time) to clearly determine what is required by Illinois law, but at this point I don’t think there’s any general duty to report a death even if the death is one that is reportable under the death certificate law.
It appears I may be wrong about the legal obligation. I am looking into it. In a larger sense I think my point prevails, however. I will respond when I have more information.
I’ve experienced four miscarriages. The last thing I can fathom is waking up in the middle of the night with cramps a couple of weeks after a positive home pregnancy test, going into the bathroom to discover that I’m bleeding and having to call 911 to report it. What’s that call supposed to be like. “Hi, I had a positive home pregnancy test two weeks ago, but there’s blood coursing from my vagina now, so I understand that I’m legally obligated to file some form.”?
I would challenge anyone who is “reserving judgment” about this law or who things that there may be some justification for it to explain how the above scenario serves the best interests of anybody, how it would protect me or my potential children or anyone else, how it enhances anyone’s liberty or otherwise benefits anyone.
If this law passes, I think that every sexually active menstruating woman should report any bleeding (including every monthly cycle) to the designated official as a potential miscarriage. That way women are taking no chances of a miscarriage going unreported. Just overwhelm the system to be on the safe side. Send copies, of course, to each Congressional Represenative’s office.
I don’t post here often, and I have been an ex-pat for a few years, but reading these proposals by the more extreme fringes of the GOP just leaves me shaking with rage and frustration.
Not a Virginia resident, but I can definitely get behind this effort. Bloody tampons? Check. Ziploc baggie? Check. Business-sized envelope? Check. Just need to run out for some air-mail stamps.
Oh, and TeaElle ? Thanks for posting your experience. May I point out that people like Mr. Moto , who has declared that
are unlikely to have any qualms with such a law until it is their wife or daughter on whom one is clamping the handcuffs.
“No one ran against John Cosgrove in the 78th District in 2003. If you live in or near this district, please try to find someone to stand against him this year!”
Isn’t this an invasion of privacy as well as just being misogyonist, pointless and stupid?
I don’t see how it could stand a constitutional challenge even if this slobbering cro-mag was to get this legislation passed.
A lot of women never even know that they’ve miscarried. They never knew they were pregnant and they think they just had a heavy period. Somebody wants that to be a crime now?
There isn’t the slightest justification for a law like this. There is no conceivable intent which will make not be slimy. Fuck anyone who defends it.
I do hope this is limited only to spouting off on a message board. Actual mailing of this stuff is prohibited, and could land you in trouble with postal inspectors.
Let’s be careful now, kids.
You don’t know me very well.
I’m not a knee-jerk conservative, and I will criticize other Republicans for genuine transgressions. I’ll also back up liberals when they’re treated unfairly.
I’m reserving judgement because I don’t know what possible problem is being addressed by this law, so I won’t categorically defend or reject it until I do know.
Two votes away, by my count. So what are you proposing? Do you propose we deliberately ignore the Constitution now in the hopes that Bush’s appointees will change it by the time it reaches the Supreme Court?
I remember conservative Christina Hoff Summers making fun of feminists because they thought The Handmaids Tale was a possibility. This ultra right-wing stuff is not funny anymore.
I think the important word here is “viable” which I take to mean any fetus that is capable of surviving outside the womb. Generally this means any pregnancy over 28 weeks but some states have a legal definition of over 22 weeks.
Early miscarriages would not fall in to this category.
The only slippery language is the use of the word “fetus”. Being all nitpicky and technical, “fetus” refers to an unborn human of 9 gestational weeks or later*. This certainly includes many early miscarriages, especially of they “baby stopped growing at 7 weeks and mom didn’t start bleeding until 12 weeks,” which is very common. By the baby’s growth (which you don’t know unless you have an ultrasound) you’ve miscarried an embryo, not a fetus. By the number of weeks since you’re last period, you’d assume it was a fetus.
Section E is what boils my blood. As I said before, “medical and health purposes,” my ass. Such information can be gained through voluntary programs that don’t make criminals out of grieving mothers.
This is obviously a small step towards eroding abortion privacy regulations. Notice that “confidentiality of information concerning abortions” is listed, but only addressed in the bill by not requiring the mother’s name - only in the case of elective abortion? (Section B) So, by default, if your report doesn’t have your name, we can assume you had an elective abortion, you heartless bitch, and we have plenty of other personal information to figure out who you are.
*and to nitpick my own nitpick, no it doesn’t. “fetus” means a certain gestational age for all animals, and it varies. But I think we can assume the registrar doesn’t want to know when your dog miscarries.
The proposed legislation makes no mention of fetal age. Viablility does not come into play here; all pregnancies are subject to this law.
As several others have pointed out, very early miscarriages often occur before the woman even realizes she’s pregnant, so simply registering all pregnancies and mandating daily updates is clearly insufficient. To enforce this law properly, all Virginia women of childbearing age will need to file a report of each and every instance of heterosexual activity in case conception occurs, and submit followup reports of any subsequent menstrual periods, samples of which will be sent in for testing for embryonic tissue. Because there’s nothing more important than the children, and we wouldn’t want a single fertilized egg to pass through this world without proper recognition.
I am sorry, I didn’t read the entire proposal and was responding to the response quoted above.
As written, the proposal sounds uninforceable. Do they really want ALL fetal deaths reported regardless of gestational age? In what health or medical situation would that information be needed?
The really suspicious part of me wants to know what the hell they are doing in Virginia to want this kind of information. I guess I’ve watched too many episodes of X-files.
Most of this statute is already a law in Virginia and it looks like the first incarnation of it was passed in 1950. There have been several revisions to it over the years but this link doesn’t say what the changes were. The language requiring women to report non-medically attended miscarriages is new.