As she writhed on the filthy prison floor in isolation, screaming for her own life and the life of her preborn baby, Shaye Bear’s cries for help were heard but ignored. At just 1 pound and 2 ounces, Cashh was entering the world at Ellis County Jail in Waxahachie, Texas. Just nine days after his birth, he died in Cook Children’s Hospital.
What happened to Shaye Bear was not a singular event. Diana Sanchez was forced to give birth in her Denver County Jail cell. Alone, she struggled through labor and birth with no medical assistance. What crime has a child committed that warrants him or her to be born on the floor of an unsanitary jail cell? Reports show prison guards often ignore cries for help from pregnant mothers as they enter labor. This is inhumane and unacceptable. What kind of nation forces a mother to give birth in such abhorrent and inhumane conditions?
Pregnant inmates have been denied basic human rights since the Dark Ages — and even now in the 21st century in the U.S. The American justice system, at times, treats prisoners worse than animals, and children suffer because their mother committed a crime — most times, a nonviolent one. If Americans truly believe in the equality of every person, it is past time we change how we treat pregnant women.
What confuses every reform-minded person is why cruelty happens at all in any American facility. Why the barbarism? Simple: our policymakers are not being held accountable. It is time for sheriffs, wardens, lawmakers, and even citizens not only to be aware of what is happening behind bars but to demand change. How we as a nation currently treat “the least of these” reflects a darkness in America’s soul.
Thankfully, legislation surrounding these issues has been sent to the Senate, introduced by Reps. Karen Bass, a California Democrat, Guy Reschenthaler, a Pennsylvania Republican, Katherine Clarke, a Massachusetts Democrat, and Debbie Lesko, an Arizona Republican. The “Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act” seeks to remedy the failures we have seen in the treatment of pregnant women by guaranteeing a right to humane treatment. The bill also assures that adequate healthcare is provided to pregnant inmates and that nutritional standards are put into place so the pregnant woman and her baby remain healthy. Additionally, it protects pregnant inmates from solitary confinement being used as a punitive measure.
Over 110,000 women are currently incarcerated in the U.S. Seventy-five percent of these women are of reproductive age. As of 2019, 1,396 female inmates were pregnant. That’s 1,396 babies that might be brought into this world in a jail cell. If the mother is lucky enough to make it to a hospital, she will likely be put in shackles while giving birth.
Pregnant women under government control have a right to receive medical care; the state has an obligation to protect them and the innocent life of the unborn child. It’s common knowledge that comprehensive pregnancy and prenatal care are crucial to the well-being of both the mother and child. Any government that withholds such care from prisoners is nothing short of barbaric. Federal laws must protect the most vulnerable population behind bars.
It is incredibly difficult to fathom that prisons have no mandatory standards for the treatment of pregnant women. Although prisons are required to provide basic care to inmates, no reporting function has been enacted to make sure this actually occurs for pregnant inmates. No mandatory standards exist for prenatal and pregnancy care, making access to doctors and treatment at the hands of the correctional facilities scarce.
It is unfathomably cruel to force a woman to give birth alone, shackled, or in conditions that threaten both her and her child. If a child is seen as undeserving of dignity from the moment of birth, what kind of future can we expect?
The vast majority of incarcerated women will not be in prison indefinitely. Many of them will be released to resume their roles as mothers and as members of the community. If pregnant women are treated without basic human dignity in prison, they are less likely to become the productive members of society we hope to see upon release.
It is time for the Senate to act and reform our treatment of incarcerated pregnant mothers, as well as the innocent babies that are suffering through no fault of their own.
Rebecca Hagelin is a columnist and author on issues related to faith, family, and the culture. Kaitlin Owens is a policy analyst for the American Conservative Union.
