Ohio Pregnancy Tracking Bill Echoes ‘Handmaid’s Tale’ Fears

Ohio Proposes Sweeping Pregnancy Tracking Bill

In a move drawing sharp comparisons to dystopian fiction, Ohio Republicans have introduced a bill that could lead to government tracking of nearly every pregnancy. House Bill 754, if passed, would establish a state-run registry requiring medical providers to report a “certificate of life” within 10 days of detecting what is medically described as fetal heart activity. This proposal has sparked alarm, with critics suggesting it mirrors the oppressive surveillance depicted in Margaret Atwood’s novel, ‘The Handmaid’s Tale.’ The bill mandates that providers give a copy of this certificate to the pregnant patient. It also requires the state to register fetal deaths, specifying whether the pregnancy ended in miscarriage, abortion, or stillbirth. A cause of death must be certified within 48 hours. Furthermore, a coroner or medical examiner would be involved if a fetus’s death is deemed “violent, suspicious, unusual or sudden.”

Concerns Over ‘Suspicious’ Miscarriages and Surveillance

The language concerning “suspicious” fetal deaths raises significant concerns, especially given the commonality of miscarriages. A miscarriage is medically defined as a sudden or spontaneous loss of a fetus. According to the Mayo Clinic, about 10 to 20 percent of known pregnancies end in miscarriage, and the actual number is likely higher, as many occur before a woman even knows she is pregnant. Journalist Jessica Valenti stated that this legislation represents “an attempt to build an infrastructure for pregnancy surveillance, not just tracking who’s pregnant, but documenting how every pregnancy ends and creating a pathway for scrutiny if the state decides that something looks off.” The bill’s introduction in Ohio, a state where voters recently enshrined abortion rights in the state constitution, is seen as particularly telling.

Legal Challenges and Broader Implications

While the bill would likely face legal challenges, its potential passage in a post-Roe v. Wade legal landscape remains uncertain. The state already requires death certificates for miscarriages after 20 weeks of gestation. Legal experts like Professor Michelle Goodwin of Georgetown Law emphasize that such legislation signals a disturbing intent to control women’s bodies and reproductive lives. Goodwin noted that the bill could lead to criminal punishments and civil fines, comparing the situation to a “reproductive police state.” She also highlighted the connection between anti-abortion efforts and a historical tendency in some states to subordinate certain groups, particularly women of color and low-income women.

“This is just basic policing to what end? Oh, yeah. No, that’s absolutely right. I mean, what we see right now are proxies and you’ve been talking about this and we’ve talked about this, the connection between democracy and reproductive health rights and justice.” – Professor Michelle Goodwin

Expert Analysis and Historical Parallels

Professor Goodwin pointed out that the Supreme Court’s 2022 Dobbs decision, which overturned Roe v. Wade, has created a climate where doctors may hesitate to provide life-saving care for fear of severe penalties. She cited a 2016 Supreme Court acknowledgment that carrying a pregnancy to term is significantly more dangerous for a woman than having an abortion. The current push for “pro-natalism” and anti-abortion policies, Goodwin argued, leads to surveillance and a desire for punishment. She drew parallels between the current political climate and the historical subjugation of people, particularly Black women, suggesting a “taste for subjugating groups of people.” The bill’s author in Ohio is a woman, but Goodwin observed that many legislatures pushing such measures are male-controlled, echoing a sentiment from a 1966 speech by Dr. Martin Luther King Jr. about the nation being governed by “insane men.”

Looking Ahead

The introduction of House Bill 754 serves as a stark warning about the direction of reproductive rights in some parts of the United States. As legal battles continue and similar legislative efforts may emerge, the focus remains on the potential for increased government surveillance and control over women’s health decisions. The long-term impact on reproductive freedom and the potential for a chilling effect on medical care will be critical areas to watch.

Source: A page out of ‘The Handmaid's Tale’: Ohio Republicans propose bill to track all pregnancies (YouTube)