The Lilith Blog

March 3, 2020 by Chanel Dubofsky

When a Fetus Gets Legal Rights, Guess Who Suffers?

At the center of the new documentary film Personhood is Tammy Loetscher, a Wisconsin woman who, after losing her health insurance, experienced debilitating depression from a thyroid condition. Without access to prescription drugs, Tammy turned to self-medicating with meth, which she stopped after learning she was pregnant. After she reached out to her doctor for help, the result was Draconian in ways that, unfortunately, you can imagine. (Spoiler alert: A lawyer was appointed for Tammy’s fetus, and not for Tammy.) 

Let’s start here: reproductive justice is the right to have children or not have them, and to raise the children you have in a safe environment. Reproductive justice, a framework founded by Black women, goes beyond notions of “choice” and “rights” to remind us that without access to reproductive health services, such as prenatal care, abortion and contraception, these services and the laws that make them available may as well not exist. Keep this definition in mind when you’re watching Personhood,  the documentary film about what happens when a fertilized egg is given the same rights as—sometimes even more rights than–a fully formed human being, making the person carrying that egg vulnerable to a barrage of laws which take any opportunity to punish her. 

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