Mermaid Musings

If there was ever any doubt that the patriarchy is alive and well in the United States judicial system, the 8th Circuit Court of Appeals recently ruled that it does not violate a woman’s constitutional rights to shackle her during labor and delivery. There is obviously no one in that court who has ever given birth.

Only two states have laws explicitly forbidding the shackling of women who are giving birth. The rest leave it up to the prison system to decide. On July 18, the 8th Circuit ruled that the Arkansas Department of Corrections should be immune to a law suit from a woman who was shackled during labor because such shackling does not constitute cruel and unusual punishment. If being tied down to a bed during labor does not constitute cruel, I don’t know what does. Really, I’m at a loss for words over how disgusting and despicable this ruling is. From reading about the case (the very little information I can find) it seems like the court is just trying to protect the director of the correctional facility and the officer who was responsible for the actual shackling. I simply can’t believe that the court could rule that such a practice is anything but inhumane, humiliating, dangerous and vile.

The ruling comes down despite the statement from the American College of Obstetricians and Gynecologists statement that such shackling produces increased risks to the health and safety of both the mother and the baby.  ACOG, in my opinion, is not well know for being warm and fuzzy about women’s rights or even in the humane treatment of women in labor, yet even they say that shackling a woman in labor is danger. Of course, they are also looking at it from the doctor’s point of view, a woman whose ankles are tied together (yes, this really happens) is very hard to perform pelvic exams on. This, of course, hinders an OB’s ability to do his job.

Oh, I’m just spitting mad.