This August marks 95 years since the amendment guaranteeing the right to vote for women officially became part of the US Constitution. The anniversary of this historic achievement demands recognition and celebration, but also requires us to ask whether all women are truly equal in America.
Are all women in Tennessee equal when pregnant women or new moms who test positive for drug use are threatened with jail time rather than provided access to effective treatment options?
Since the signing of the Pregnancy Criminalization Act in 2014 we have seen women arrested either while pregnant or after giving birth who are struggling with addiction. One thing they all have in common is that they are from the most vulnerable populations in Tennessee: low-income women and women of color. They are women who live in communities where it is difficult and expensive to seek treatment or rehabilitation.
Proponents talked about it as a way to deal with drugs in Tennessee, but in actuality it flies in the face of the recommendations of professionals who are trained to deal with drug treatment. The new law and its supporters are standing in the way of women and their families by advancing an extreme policy that punishes women who seek treatment for addiction rather than helps them to recover. There is an epidemic of illegal drug use, as well as abuse of prescription drugs, as we know are the majority of cases resulting in Neonatal Abstinence Syndrome (NAS) here in Tennessee. However, this law only impacts those who are living in poverty and using certain types of drugs.
Public health experts warn against trying to coerce or threaten people into seeking care to deal with drug use or addiction. Not only does it not work, it does quite the opposite. We know that as a result of the law women are avoiding seeking critical prenatal care from fear that they could be arrested. People are traveling across state lines, sometimes at great risk to themselves and their pregnancy, to seek care because they fear punishment in their own state including arrest.
In addition to being inconsistent with the best practices in treatment, this policy does nothing to help women who live in communities where it is difficult, expensive or impossible to receive adequate treatment. Only a few of Tennessee's licensed residential treatment facilities provide prenatal care on site or allow older children to stay with their mothers, and only a handful provide any addiction care for pregnant women at all. There are also issues with health coverage in public and private plans. We need to look at ways to expand services and ensure coverage so that low-income parents can seek treatment.
Prioritizing healthcare instead of handcuffs would avoid wasting state dollars to jail mothers and reduce court costs. There are also noted social benefits such as increased employment, improved health outcomes and keeping families together.
It's a fact is that there is a drug abuse problem in Tennessee. But the real issue is that policies like this one focus on punishment and politics instead of public health. This has been shown to be ineffective and lets be frank -- it hurts women and their families. We should prioritize developing forward thinking policies that support parents and children. It's time for all of us who believe in equality for all women to demand positive change for women and families impacted by drug addiction. Instead of laws that stand in the way of making progress and leave families worse off than they are now, our elected leaders must stand with women and advance policies to create better jobs, raise wages, improve access to prenatal care and treatment for drug addiction that supports mothers and keeps families together.
Glass is the State Director of Healthy and Free Tennessee and is based in Memphis.