Author: Grace E. Howard

Grace E. Howard is an associate professor of justice studies at San José State University. Her areas of expertise include reproductive law and politics, eugenics, abortion and the criminalization of pregnancy.

A Bill Criminalizing Abortion Failed in the South Carolina Senate, But S.C. Prosecutors Have Long Treated Pregnancy as a Crime

We have to talk about South Carolina.

Last week, what could have become the most punitive abortion law in the U.S., SB 323, failed in the South Carolina Senate. The bill proposed banning abortion in almost all circumstances, criminalizing people who sought abortion care, and removed any exceptions for rape, incest or fetal anomaly currently written into the state’s already strict six-week ban.

The defeat of SB 323 is a victory that was won by dedicated and fierce advocates from across the state and across the country. But South Carolina has been actively engaged in policing the bodies of pregnant women, and in criminalizing pregnancy, for decades.

The prosecutorial “hold my beer” approach to criminalizing abortion shows us not only just broken the criminal legal system is, but also, just how little regard they have for the humanity of people with the capacity for pregnancy. 

Weaponizing the Law to Punish People for Miscarriage

A legal system that recognizes fetal personhood punishes people for their pregnancy outcomes and strips them of their rights in the name of protecting the fetus. One striking recent example comes from Texas, where the state Supreme Court recently ruled that Kate Cox could not have an emergency, life-saving abortion. And in October, an Ohio woman was charged with a felony after her miscarriage.

Miscarriage is normal. Subjecting people who have miscarriages to criminal punishment is needlessly cruel, counterproductive, and relies on a legal understanding that pregnant people are a lesser class of person.