Georgia's Strict Laws Put Women in Legal Jeopardy

In the early hours of March 20, emergency services rushed to an apartment in rural Georgia, where they found a woman unconscious and bleeding. Selena Maria Chandler-Scott had suffered a miscarriage. This was just the beginning of her legal troubles. A witness reported that Chandler-Scott had placed the fetal remains in a dumpster. Police recovered the remains, and Chandler-Scott was charged with concealing the death of another person and abandoning a dead body. These charges were later dropped after an autopsy confirmed a "natural miscarriage" at around 19 weeks, with the fetus being nonviable. The incident highlights a growing trend of pregnancy-related prosecutions. In states with strict abortion laws, fetuses are often treated as legal entities with rights. This raises critical questions: How should miscarriage remains be handled? And who decides? Georgia's six-week abortion ban, known as the Living Infants Fairness and Equality (LIFE) Act, recognizes any fetus with a heartbeat as a legal person. This push for "fetal personhood" has intensified since the 2022 Dobbs decision. Roughly two dozen personhood bills have been introduced this year alone. Jill Wieber Lens, a professor at the University of Iowa College of Law, points out that 10 to 20 percent of known pregnancies end in miscarriage, mostly in the first trimester. In Georgia, this means many women experiencing miscarriages might be unknowingly committing crimes.

Chandler-Scott's case is not unique. Brittany Watts, a 34-year-old woman in Warren, Ohio, faced similar charges after her miscarriage in 2023. Watts filed a lawsuit against the city and hospital, claiming fear of repeated arrests. Legal experts see a pattern of increased criminal charges against pregnant individuals post-Dobbs. Women of color, lower-income women, and those struggling with substance use are particularly at risk. Advocates argue that Chandler-Scott's arrest exemplifies the broader issue of women's health and rights in Georgia. Monica Simpson, executive director of SisterSong, notes that Georgia's strict laws are harming women's lives. Last year, Amber Thurman died after a delayed surgery that could have saved her life. The state recently debated a personhood bill that could have allowed charges of murder for ending a pregnancy. The bill ultimately did not pass, but the debate underscores the ongoing tension. The Tift County district attorney's office dropped the charges against Chandler-Scott, stating that pursuing the case was "not in the interest of justice. " The office acknowledged the emotional difficulty of the case but emphasized that decisions must be based on law, not emotion. This incident has caused Chandler-Scott and her family significant stress, both emotionally and financially. The legal and emotional turmoil faced by Chandler-Scott and others like her underscores the need for clearer guidelines and more compassionate policies regarding miscarriages and pregnancy losses. The impact of strict abortion laws on women's lives cannot be overlooked, and it is crucial to advocate for better healthcare access and fewer restrictions.

Actions