ACLU Asks
July 6,
2010
MONTGOMERY, AL – The American Civil Liberties Union submitted a
friend-of-the-court brief today challenging the conviction of a woman who tried
to continue her pregnancy while struggling with a drug addiction, but whose
baby died after being born extremely premature.
Amanda Kimbrough was charged under a "chemical endangerment" statute
that was intended to keep children out of methamphetamine labs. However, a
local district attorney unlawfully used the statute to prosecute Kimbrough
solely because she allegedly tested positive for drugs at the hospital where
she gave birth.
"Deciding to continue a pregnancy should never be considered a crime, even
if a woman is struggling with addiction," said Alexa Kolbi-Molinas, staff
attorney with the ACLU Reproductive Freedom Project. "If a pregnant woman
can be prosecuted for her behavior or illness, then literally everything she
does or does not do — including choosing to have a baby despite an underlying
health condition — could land her in jail."
The ACLU argues that using the law this way infringes on a woman's fundamental
right to continue a pregnancy and singles out pregnant women for
discrimination.
Similar attempts to punish pregnant women who suffer from addiction have been
struck down as unconstitutional, as in a recent case in
"Not only are these prosecutions unconstitutional, but they make for extremely bad public policy," said Allison
Neal, attorney with the ACLU of Alabama. "If we are truly interested in
supporting healthy moms and babies, we should provide pregnant women with
prenatal care, treatment and support to overcome their addiction, not jail
time."
The ACLU's brief can be found here: www.aclu.org/reproductive-freedom/kimbrough-v-alabama-amicus-brief
A list of position statements of medical associations opposing criminal
sanctions for pregnant women can be found here: www.aclu.org/reproductive-freedom/position-statements-medical-associations-opposing-criminal-sanctions-pregnant-w