Ms. Ankrom and Ms. Kimbrough are two of approximately 60 women who have been arrested under Alabama’s 2006 Chemical Endangerment law. The overwhelming majority of these women have given birth to healthy babies.
The Chemical Endangerment law originally was passed to create special penalties for people who bring children into methamphetamine labs. Despite the law’s clear purpose, prosecutors have argued, and the Alabama’s mid-level Court of Criminal Appeals has agreed, that the law may also be used to arrest and jail women who become pregnant, eschew abortion, and go to term, despite having used a controlled substance. In other words, the Court of Appeals has ruled that under Alabama’s Chemical Endangerment law a pregnant woman who has never been to a meth lab and who has never brought a child into a meth lab, can be punished for bringing a child into the world if she tests positive for a controlled substance—even one prescribed to her by her doctor.
According to the Liberty Counsel, the “convictions of the Defendants under the chemical endangerment law properly protect unborn children as preborn human beings. . . .” Forty-seven medical, public health and legal advocacy groups and individuals, who filed their own amicus brief in these cases, disagree.
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