California Victory: One Down, Many To Go...

A California law that required low-income women to live in the state for six months before being eligible for social welfare assistance for maternity care was recently declared unconstitutional (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/16/BAIS14PNJQ.DTL). The ruling was a victory for uninsured pregnant women everywhere as it demonstrates that states are beginning to reevaluate their pregnancy assistance programs.

The presiding Superior Court judge in this case deemed that the law violated the constitutional right to move to California by punishing pregnant women through withholding social assistance. How many other constitutional rights are violated by withholding maternity care from those who cannot afford it?

Two come quickly to mind.

We have a right to be free from cruel and unusual punishment. But withholding prenatal care from pregnant women leads to complications for mother and child that could be construed as nothing else but cruel and unusual. Babies whose mothers receive no prenatal care are three times more likely to be born at a low weight, which can cause such complications as respiratory distress syndrome, bleeding in the brain, heart problems, gestational issues and vision loss. Blinding someone, at the very least, is cruel and unusual.

We also have a right to life; and this right is stripped from many babies as the risk of infant death is increased fivefold when mothers can not afford prenatal care and are unable to access maternal insurance.

California has recognized that prenatal care cannot be withheld from new low-income residents, but what about those Moms in the Middle who do not qualify for government-sponsored insurance? If they cannot afford prenatal care, is it okay to let their children and families suffer?

The California ruling is a victory, but it is not enough. The rights of pregnant mothers must be recognized across the board; and adequate maternity care must be affordable and accessible for all pregnant women, regardless of income.

I am PRO MOM!!!
Aaron Bouren
Advocate Aaron