Reps. Davis, Scott and Schofield: Pregnancy Loss Is Not a Crime, and Women Are Not Criminals

By State Representatives Viola Davis (D-Stone Mountain), Kim Schofield (D-Atlanta) and Sandra Scott (D-Rex)

(678 words)

A woman experiencing a miscarriage should be able to seek medical care without wondering whether she needs an attorney. A mother grieving a stillbirth should receive compassion, not suspicion. And no patient should fear that an honest conversation with her doctor could become the foundation of a criminal investigation.

These should be basic expectations in Georgia. Our laws should make them clear. As legislators, we have a responsibility to protect the health, dignity and freedom of the people we serve. That responsibility includes ensuring that women are not treated as criminals because of a pregnancy outcome.

That is why we are proposing two legislative measures: the Pregnancy Loss Protection and Dignity Act (LC 49 2897) and the Pregnancy Decriminalization and Maternal Protection Act (LC 48 1858).

Together, these proposals seek to establish a clear principle: pregnancy loss and reproductive healthcare decisions should not become grounds for punishing the woman.

Miscarriage and stillbirth are deeply personal experiences. Families may face grief, unanswered questions, medical bills and difficult decisions about their care. The government should not compound that suffering by treating a pregnancy loss as evidence of criminal wrongdoing.

When women fear that seeking help could expose them to investigation, we must ask what our laws are accomplishing. A woman should be able to describe her symptoms, disclose medications and answer her clinician's questions honestly. Her immediate concern should be receiving care.

The Pregnancy Loss Protection and Dignity Act would prohibit arrest, charges, prosecution or incarceration for experiencing pregnancy loss. It would also prohibit criminal punishment for acts or omissions during pregnancy alleged to have contributed to that loss.

The proposal would bar criminal investigations based solely on pregnancy loss and protect medical records, pregnancy-related information and statements made to obtain medical care from being used as the basis for pregnancy-loss investigations or prosecutions. It would establish a civil remedy for individuals subjected to prohibited arrest, charges, prosecution or incarceration.

Importantly, the proposal would preserve prosecution of a third party whose criminal act causes a pregnancy loss. Protecting a grieving woman must go hand in hand with holding accountable someone who commits violence against her.

Our second proposal, the Pregnancy Decriminalization and Maternal Protection Act, seeks broader protections against prosecuting individuals for obtaining or attempting to obtain an abortion, experiencing pregnancy loss or alleged conduct contributing to a pregnancy outcome. It would also revise Georgia's abortion restrictions and provide expedited review of certain pregnancy-related criminal charges.

These proposals reflect our commitment to patient dignity, medical privacy and reproductive freedom.

They also raise a question of fairness. What happens to a woman who cannot afford a lawyer? What happens when she lives far from medical care, lacks reliable transportation or cannot leave work without losing income? Those barriers already make navigating a pregnancy complication difficult. The threat of criminal prosecution can make an already vulnerable situation even harder.

We are especially concerned about the consequences for Black women, women with low incomes and women in underserved communities. Equal protection must mean that a woman's access to dignity and justice does not depend on her ZIP code or bank account.

We recognize that Georgians hold different beliefs about abortion. We also believe there is room for agreement that a woman experiencing a medical crisis deserves timely care, that a grieving family deserves compassion and that pregnancy loss alone should never justify a criminal investigation.

Anyone who claims to value life should care about the life and health of the mother. Anyone who believes in freedom should take seriously the consequences of allowing government to scrutinize deeply personal medical experiences.

As these proposals move forward, we will work to ensure their protections are clear and enforceable. Women deserve laws they can rely on when they seek care.

Protecting women is protecting families. It means respecting their privacy, supporting their health and refusing to turn personal tragedy into criminal punishment.

A miscarriage is not murder. A stillbirth is not a crime. And a woman seeking medical care is not a criminal. We refuse to criminalize women in crisis, and Georgia's laws should reflect that.

To view the proposed Pregnancy Loss Protection and Dignity Act, please click here. To view the proposed Pregnancy Decriminalization and Maternal Protection Act, please click here.

*Editor's note: these representatives include a photo.

Representative Viola Davis represents the citizens of District 87, which includes a portion of DeKalb County. She was first elected to the House of Representatives in 2018 and currently serves on the Defense & Veterans Affairs, Health, Insurance, Natural Resources & Environment and Urban Affairs committees.

Representative Kim Schofield represents the citizens of District 63, which includes a portion of Fulton County. She was first elected to the House of Representatives in 2017 and currently serves as Secretary of the Urban Affairs Committee. She also serves on the Creative Arts & Entertainment, Health, Industry and Labor and Small Business Development committees.

Representative Sandra Scott represents the citizens of District 76, which includes a portion of Clayton County. She was first elected to the House of Representatives in 2010 and currently serves on the Banks & Banking, Defense & Veterans Affairs, Human Relations & Aging, Insurance and Reapportionment and Redistricting committees.

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The views expressed above and information shared are those of the author