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Fri, Apr. 23rd, 2004 04:14 pm
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A story sent to me by my wife.
Do Pregnant Women Have Rights?
By Lynn M. Paltrow, AlterNet April 22, 2004
Imagine a law declaring that upon becoming pregnant a woman loses her right to bodily integrity, life and liberty. Such a law would undoubtedly result in strong opposition across party lines. But in fact such laws are being passed – though rather than presented as an attack on women's fundamental rights, they are advanced as fetal rights measures such as the Unborn Victims of Violence Act recently signed into law by President Bush. Increasingly, fetal rights are being used to undermine the legal status of pregnant women.
In America, both constitutional and common law recognizes the rights of all adults to informed consent and bodily integrity. While individuals may be required to submit to immunizations to protect the public health in general, our courts are not permitted to balance the health interests of one person against those of another. In 1978 Robert McFall, suffering from a rare bone marrow disease sought a court order to force his cousin David Shimp, the only compatible donor, to submit to a transplant. The court declined explaining: "For our law to compel the Defendant to submit to an intrusion of his body would change every concept and principle upon which our society is founded. To do so would defeat the sanctity of the individual and would impose a rule which would know no limits." Forcibly restraining someone to make them submit to surgery for the benefit of another would "raise the specter of the swastika and the Inquisition, reminiscent of the horrors this portends."
In the name of fetal rights however, pregnant women are being forcibly restrained. In 1984, for example, a Nigerian woman pregnant and hospitalized in Chicago was forced to have a C-section. She refused the surgery because she planned to return to Nigeria where she would be unable to access C-sections for future births. The hospital obtained a court order and forced her to undergo the procedure. Hospital staff tied her down with leather wrist and ankle cuffs while she screamed for help.
Another hospital obtained a court order to force a pregnant woman to undergo a blood transfusion. Doctors "yelled at and forcibly restrained, overpowered and sedated" the woman in order to carry out the order.
In Washington, DC, doctors sought a court order to force Ayesha Madyun to have a C-section. The doctors asserted that the fetus faced a 50-75 percent chance of infection if not delivered surgically. The court, apparently viewing the pregnant woman as having no more rights than a slab of meat, said, "[a]ll that stood between the Madyun fetus and its independent existence, separate from its mother, was put simply, a doctor's scalpel." With that, the court granted the order and the scalpel sliced through Ms. Madyun's flesh, the muscles of her abdominal wall, and her uterus. When the procedure was done, there was no evidence of infection.
All of these women were denied the right to bodily integrity and physical liberty and their fetuses were granted more rights than any legal person under law.
Angela Carder at 27 years old and 25 weeks pregnant became critically ill. She, her family and her attending physicians all agreed on treatment designed to keep her alive for as long as possible. The hospital however called an emergency hearing to determine the rights of the fetus. Despite testimony that a Cesarean section could kill Ms. Carder, the court ordered the surgery because the fetus had independent legal rights. As a result, Ms. Carder not only lost her right to informed consent and bodily integrity; she lost her life. The surgery resulted in the death of both Angela and her fetus.
While courts since the Carder case have uniformly held that such interventions are inappropriate and leading medical groups oppose such actions, legislators are forging ahead with a wide range of fetal rights legislation. Thirty-one states now have fetal homicide laws. Recently, Utah relying on such a law charged a woman for murder because she delayed having a C-section causing, they alleged, the stillbirth of one of her twins. This pregnant woman was not only deprived of the constitutional rights all other medical patients have – the right to consider a medical recommendation and the right to refuse surgery – she is deemed a criminal for exercising those rights.
In another case, lawyers asserted that without the Caesarean "almost assuredly the baby will be born dead or brain damaged" and that "if not for the mother's primitive [religious] beliefs," the fetus would have been delivered rather than "kept prisoner in a mother's womb." The court refused to grant the order, and the mother gave birth to a healthy baby. Fetal rights, however, provided the legal argument to override her religious beliefs and to treat her as a jail cell – a building, not a person.
The court in the McFall case condemned Mr. Shimp's refusal to help his cousin as "morally indefensible." While people may be justified in moral condemnation of some pregnant women, they are not justified in denying them civil rights that other adults enjoy. The overwhelming majority of pregnant women do all they can to protect the health of their fetuses. In many of the reported cases, the doctors' dire predictions turned out to be wrong. Performing unnecessary surgery and deterring women from trusting their doctors does nothing to promote fetal well being.
To oppose the recognition of fetal personhood as a matter of law is not to deny the value of potential life as matter of religious belief, emotional conviction or personal experience. Rather, it is to recognize that such a legal construct effectively removes pregnant women from the protections of the constitution and civil law. Current Mood:  bitchy  
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Thu, Apr. 22nd, 2004 10:27 pm
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Elton John Lies
Music by elton john Lyrics by bernie taupin Available on the album made in england
Some lie about who they love Some lie about the truth Some lie to save their lives Some lie about their youth
Some lie about age and beauty The conquest of sex Most lie about the night before A woman lies for a party dress
I've lied for a stolen moment I've lied for one more clue I've lied about most everything But i never lied to you
And we lie, lie, lie on a streetcar named desire Oh we lie, lie, lie for that sweet bird of youth I could be great like tennessee williams
If i could only hear something that sounds like the truth
Some lie in the face of death Some lie about their fame Some kneel and lie to god Some lie about their name
Some lie in words and speeches With every living breath The young lie with their guitars The old lie for a little respect
I've lied to lie with danger I've lied for a drug or two I've lied about most everything But i never lied to you
I've lied for a stolen moment I've lied for one more clue I've lied about most everything But i never lied to you.
I was thinking of my wife and this song came on. I haven't had the ability to listen to any Elton John or any of the "Good" 80's bands. Having my "tapes" (Yes it was way back) stolen when in college. I am getting the itch to gather the U2's, Sting, Elton, Billy Idol CD's of old. Nothing like listening to "Cradle of Love" and thinking of the "old days"..... Billy was a "GOD" to me.... Current Mood:  energetic Current Music: Billy... Eyes Without A Face  
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Fri, Apr. 9th, 2004 10:32 am
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I am not for any "party" but the person I feel is better for the county. However I can't stand how people look at Clinton compared to Bush....
Why do people bash Clinton about being a bad president?
What is amazing is you benfited from his policies more than any President before him or particularly since under Bush.
So he lied about a personal affair....
George Bush lies about War, the economy, the environment, tax cuts, no child left behind, his connection to his corporate friends, his intent to privatize every government function, and how his policies help not only the rich but the poor and middle class too. Current Mood:  bitchy Current Music: Creed "Higher"  
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Fri, Mar. 26th, 2004 09:38 pm
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It seems that I am always drawn to the orient. When young I studied jujitsu and loved every minute of it. The blade has always been my favor weapon of all times. The honor, strength and proud believes of the Asian warrior of old hits home to me.
I have always been interested in Zen and the believe of positive and negative energies in the world. I believe that can effect your life and the way you live. I have only noticed this myself recently. It seemed that I could never be in complete harmony and peace, to have all my energy in a positive direction. Reincarnation is something I am drawn toward also.
I wonder if I was from the orient in a former life? Current Mood:  restless Current Music: Nickelback "Someday"  
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Tue, Mar. 23rd, 2004 09:24 am
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Jim Carrey. Simple as that. I have always liked Jim Carrey but never really dug into his bio. Funny how once you really start looking at a person you can find out a lot about them.
In one interview Jim talked about how he would always shop off the bargain rack at stores for himself, even after making it on Saturday Night Live. “I would pass up the RL’s and buy the no name brand so I could get more for my money, but it wouldn’t be what I wanted nor would it fit or look as good as the real thing. One day I said, That’s it! I am buying what I want from now on. When you buy a 10.00 it looks like a 10.00 suit.” Jim said.
I was looking at how I shop and I do the same thing. There was a time where I would only buy exactly what I wanted and the name brand I wanted. All of those cloths and things I still have and look as good as they did when I bought them. I would pay 80.00 for one shirt and only buy one. Now I tend to buy 10 at 8.00. Turns out that the 8.00 shirts end up in the trash and the 80.00 is still in my closet.
I have the ability to buy what I want again. Not as quickly as I want but I can. Time to change for the GQ.LOL Current Mood:  chipper Current Music: Modern English (yeah they are 80's but good)  
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