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Why Is Wisconsin Jailing Pregnant Women?

Prosecutors in Alabama and Texas have been jailing pregnant women who have tested positive for drug use. Now Wisconsin is doing it too, even if the women have stopped using drugs.

Looks like Wisconsin is the latest state to get in on the hot new “Throw Pregnant Women in Jail” trend. Motivated in equal parts by the “pro-life” movement and plain old misogyny — but we repeat ourselves — prosecutors in Alabama and Texas have been jailing pregnant women who have tested positive for drug use. This is ostensibly for the sake of the fetus, because any woman who’d take drugs while pregnant is obviously a child abuser, but the women treated to the states’ tender mercies often end up getting lousy prenatal care in prison, not to mention their diminished job prospects once the babby is born and mom has a criminal record. And now Wisconsin is getting in on the trend, too.

 

Katie McDonough, writing in Salon, brings us the instructive tale of Tamara Loertscher, a woman who admitted to her doctor when she went in for a pregnancy test that she had been using marijuana and meth, but that she had stopped the drugs as soon as she thought she might be pregnant:

 

It didn’t matter. Loertscher lives in Wisconsin, and a law there allows the state to arrest, detain and incarcerate pregnant women found to be using drugs, or, in Loertscher’s case, pregnant women who have used drugs in the past.
Hospital workers reported her, and a process was set in motion. The state accused her of child abuse and appointed her fetus a lawyer. (This is a familiar pattern.) She was ordered into an in-patient treatment facility, despite the fact that she was no longer using drugs and had voluntarily sought medical care. She refused, and was soon incarcerated.
Daniel Luzer is GOVERNING's news editor.