I saw the article about this Duggar woman yesterday and wanted to scream. I had a D+E this past summer for our much wanted, much loved first baby, Camina. She would have survived birth but would have spent her miserable and shortened life physically and mentally disabled, in pain, and needing many repeat surgeries. I wouldn’t wish this on a dog, let alone my child. So, I had a D+E- an abortion. I wanted more than anything to raise an independent and strong woman- so I’m trying to honor her memory by being more strong and independent myself. This includes telling people, kindly and openly, that I had “a D+E, which is an abortion”. I work in a male dominated industry, which can make this statement awkward for everyone, but I don’t care anymore. Or rather, I care too much to hide behind euphemisms anymore. Call it what it is- an abortion- and maybe people will begin to understand that this is not a thing monsters do. It’s a loving decision some mothers make, even ones who believe in God, even ones who cherish life. And if someone wants to have words with me about my decision for my baby, I’ll have Camina’s memory keeping me strong.
Pro-choice AR resident here, so I've studied our criminal abortion statute backwards and forwards.
Our ban, despite being passed well before Roe's repeal, was a little bit better crafted than other state's bans -- in that most bans have an "A" and "B" definition of criminal "abortion", and in many states that "B" definition stands alone (complicating any exclusions in the A definition from truly being excluded).
In Arkansas, the "A" definition requires that the physician must have knowledge the procedure will "with reasonable likelihood" kill the "unborn child", then the B definition starts with "An act under section A" is not a criminal abortion if certain exclusions are met (one being the removal of "a dead unborn child". Also, the only "affirmative defense" language is to keep things that are better covered by malpractice lawsuits from being prosecuted as a felony, so the burden is always on the prosecution here.
Jessa's treatment was legal here because the criminal statute specifically excludes treatment for her condition from the definition (twice, cuz you can't kill something that's already dead) -- only because the fetus had ceased to be, was an ex-fetus, etc. Yes, she received it FAR faster and with FAR fewer barriers/gatekeepers than other women may experience in the exact same situation because her family is famous/wealthy.
Still, our law is horrible in many ways besides preventing "elective" abortion (most people seeking one feel it is not elective but their only real option because of their individual circumstances, IMHO). If there's the faintest sign of cardiac activity, pregnant people here are forced to place their health and life in just as much jeopardy for an inevitable miscarriage at 14 weeks (where the child is certain to die) as with preterm rupture of membranes at 26-27 weeks (where even a week more in the womb can make a difference in the outcome for the child, if at all possible). I do not feel that is anywhere CLOSE to rational.
And yes, doctors MAY be too scared to prescribe or perform even legal-by-letter-of-the-law procedures on women whose families haven't sued half of two counties, for fear that they will be charged by a grand jury (who doesn't have all the info potentially) with a felony for treating a missed miscarriage. It's happened in other states, where the legislators there never intended to block treatment for missed miscarriage but hospital lawyers felt the safest thing was to transfer the patient to a facility in another state.
The takeaway, IMHO, should be that just because a Duggar was able to get prompt treatment for conditions their legislators intended to remain legal doesn't mean other people in ban states will be so lucky. That attempting to legislate medical care can't really work for everyday people, because not every situation is so clear-cut (and even then, a pharmacist might accuse your doctor of committing a felony). That bans are doing more harm than any so-called "good".
I saw the article about this Duggar woman yesterday and wanted to scream. I had a D+E this past summer for our much wanted, much loved first baby, Camina. She would have survived birth but would have spent her miserable and shortened life physically and mentally disabled, in pain, and needing many repeat surgeries. I wouldn’t wish this on a dog, let alone my child. So, I had a D+E- an abortion. I wanted more than anything to raise an independent and strong woman- so I’m trying to honor her memory by being more strong and independent myself. This includes telling people, kindly and openly, that I had “a D+E, which is an abortion”. I work in a male dominated industry, which can make this statement awkward for everyone, but I don’t care anymore. Or rather, I care too much to hide behind euphemisms anymore. Call it what it is- an abortion- and maybe people will begin to understand that this is not a thing monsters do. It’s a loving decision some mothers make, even ones who believe in God, even ones who cherish life. And if someone wants to have words with me about my decision for my baby, I’ll have Camina’s memory keeping me strong.
as someone who lives in arkansas less than a half hour from the duggars, this really hits home 🤍 thank you!!
this is such a great post, thank you for sharing!!! ❤️
Pro-choice AR resident here, so I've studied our criminal abortion statute backwards and forwards.
Our ban, despite being passed well before Roe's repeal, was a little bit better crafted than other state's bans -- in that most bans have an "A" and "B" definition of criminal "abortion", and in many states that "B" definition stands alone (complicating any exclusions in the A definition from truly being excluded).
In Arkansas, the "A" definition requires that the physician must have knowledge the procedure will "with reasonable likelihood" kill the "unborn child", then the B definition starts with "An act under section A" is not a criminal abortion if certain exclusions are met (one being the removal of "a dead unborn child". Also, the only "affirmative defense" language is to keep things that are better covered by malpractice lawsuits from being prosecuted as a felony, so the burden is always on the prosecution here.
Jessa's treatment was legal here because the criminal statute specifically excludes treatment for her condition from the definition (twice, cuz you can't kill something that's already dead) -- only because the fetus had ceased to be, was an ex-fetus, etc. Yes, she received it FAR faster and with FAR fewer barriers/gatekeepers than other women may experience in the exact same situation because her family is famous/wealthy.
Still, our law is horrible in many ways besides preventing "elective" abortion (most people seeking one feel it is not elective but their only real option because of their individual circumstances, IMHO). If there's the faintest sign of cardiac activity, pregnant people here are forced to place their health and life in just as much jeopardy for an inevitable miscarriage at 14 weeks (where the child is certain to die) as with preterm rupture of membranes at 26-27 weeks (where even a week more in the womb can make a difference in the outcome for the child, if at all possible). I do not feel that is anywhere CLOSE to rational.
And yes, doctors MAY be too scared to prescribe or perform even legal-by-letter-of-the-law procedures on women whose families haven't sued half of two counties, for fear that they will be charged by a grand jury (who doesn't have all the info potentially) with a felony for treating a missed miscarriage. It's happened in other states, where the legislators there never intended to block treatment for missed miscarriage but hospital lawyers felt the safest thing was to transfer the patient to a facility in another state.
The takeaway, IMHO, should be that just because a Duggar was able to get prompt treatment for conditions their legislators intended to remain legal doesn't mean other people in ban states will be so lucky. That attempting to legislate medical care can't really work for everyday people, because not every situation is so clear-cut (and even then, a pharmacist might accuse your doctor of committing a felony). That bans are doing more harm than any so-called "good".
“Funny” how it’s a D&C and a miscarriage when a conservative Christian is having it, but an abortion when it’s other people.
How did you get the permanent stuff at the bottom of the post? That would be useful on my Substack!