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ACLU of Maryland
August 11, 2006
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Cruz v. State of Maryland

The Cruz v. State of Maryland ruling states that if you can prosecute pregnant women for taking drugs, "it could well be construed to include not just the ingestion of unlawful controlled substances but a whole host of intentional and conceivably reckless activity that could not possibly have been within the contemplation of the Legislature -- everything from becoming (or remaining) pregnant with knowledge that the child likely will have a genetic disorder that may cause serious disability or death, to the continued use of legal drugs that are contraindicated during pregnancy, to consuming alcoholic beverages to excess, to smoking, to not maintaining a proper and sufficient diet, to avoiding proper and available prenatal medical care, to failing to wear a seat belt while driving, to violating other traffic laws in ways that create a substantial risk of producing or exacerbating personal injury to her child, to exercising too much or too little, indeed to engaging in virtually any injury-prone activity that, should an injury occur, might reasonably be expected to endanger the life or safety of the child."

While it's sad that a woman's addiction can have such a negative effect on a pregnancy, this is a good ruling that affirms that pregnant women still have rights and don't just turn into baby-carrying shells.

This via ACLU of Maryland.


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