Author Topic: Legally required invasive procedure and Medical Scarlet letter Law  (Read 22161 times)

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Offline DiscoBerry

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This week, the Virginia state Legislature passed a bill that would require women to have an ultrasound before they may have an abortion. Because the great majority of abortions occur during the first 12 weeks, that means most women will be forced to have a transvaginal procedure, in which a probe is inserted into the vagina, and then moved around until an ultrasound image is produced. Since a proposed amendment to the bill—a provision that would have had the patient consent to this bodily intrusion or allowed the physician to opt not to do the vaginal ultrasound—failed on 64-34 vote, the law provides that women seeking an abortion in Virginia will be forcibly penetrated for no medical reason. I am not the first person to note that under any other set of facts, that would constitute rape under state law.

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What’s more, a provision of the law that has received almost no media attention would ensure that a certification by the doctor that the patient either did or didn’t “avail herself of the opportunity” to view the ultrasound or listen to the fetal heartbeat will go into the woman’s medical record. Whether she wants it there or not. I guess they were all out of scarlet letters in Richmond.
So the problem is not just that the woman and her physician (the core relationship protected in Roe) no longer matter at all in deciding whether an abortion is proper. It is that the physician is being commandeered by the state to perform a medically unnecessary procedure upon a woman, despite clear ethical directives to the contrary. (There is no evidence at all that the ultrasound is a medical necessity, and nobody attempted to defend it on those grounds.) As an editorial in the Virginian-Pilot put it recently, “Under any other circumstances, forcing an unwilling person to submit to a vaginal probing would be a violation beyond imagining. Requiring a doctor to commit such an act, especially when medically unnecessary, and to submit to an arbitrary waiting period, is to demand an abrogation of medical ethics, if not common decency.”

http://www.slate.com/articles/double_x/doublex/2012/02/virginia_ultrasound_law_women_who_want_an_abortion_will_be_forcibly_penetrated_for_no_medical_reason.html

Offline Lithp

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #1 on: February 17, 2012, 02:06:21 pm »
Every time I think the legislative branch can sink no further.

Offline Ranger_Joe

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #2 on: February 17, 2012, 02:09:06 pm »
This is absolute insanity. It's like the politicians think that women just go "Oh! Whelp! Preggers again! Time to get my monthly abortion!"

Do they honestly think that ANY woman out there takes this procedure so non-chalantly? Now, before it can be done, the woman will have to see the ultrasound and go thru a waiting period to go through with her abortion. It's like they are trying to guilt them into keeping the baby.

I swear...it's just so rage inducing...I'm curious how many of the votes for this bill were cast by women and how many against were cast by women. I think those statistics would be rather telling, but I'm making a guess at that.
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Offline Lithp

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #3 on: February 17, 2012, 02:31:29 pm »
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It's like they are trying to guilt them into keeping the baby.

Yes.

And if that doesn't work, maybe they can entangle her in red tape.

Either way, they can spin it to make it look like they were right all along.

Offline Rabbit of Caerbannog

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #4 on: February 17, 2012, 02:44:24 pm »

Online Stormwarden

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #5 on: February 17, 2012, 03:14:30 pm »
No way in hell this is legal. This is basically state-sanctioned rape.


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Offline clockworkgirl21

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Offline Eniliad

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #7 on: February 17, 2012, 05:51:07 pm »
It's like they are trying to guilt them into keeping the baby.

What do you mean "like"? That's literally what this is. Guh. Sorry to take it out on you but this is rage-inducing.
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Offline DiscoBerry

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #8 on: February 17, 2012, 07:18:56 pm »
Just in case you were thinking how invasive could it really be:


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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #9 on: February 17, 2012, 07:35:36 pm »
"Stop government mandates! Freedom! Small government!" screamed one side of the Republican's mouth. "Mandate reproductive rights. End women's freedom over their bodies. Have the government intrude into each and every vagina," whispered the other.
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Offline ThunderWulf

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #10 on: February 17, 2012, 07:36:34 pm »
Raaaaaage!
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Offline N. De Plume

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #11 on: February 17, 2012, 08:28:38 pm »
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I am not the first person to note that under any other set of facts, that would constitute rape under state law.

I am quite certain that it is quite true under the current FBI definition at least.

So, at what point does a fetus actually start to look like a baby, anyway?
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Offline Lithp

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #12 on: February 17, 2012, 08:31:04 pm »
That looks extremely uncomfortable.

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So, at what point does a fetus actually start to look like a baby, anyway?

Basically, the third trimester.
« Last Edit: February 17, 2012, 08:33:24 pm by Lithp »

Offline m52nickerson

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #13 on: February 17, 2012, 08:36:25 pm »
Invasive and uncomfortable yes.  Rape, no.

That being said perhaps the thought escaped some of the state legislators that women might now just wait longer to have an abortion and avoid this procedure. 
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Offline tempus

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Re: Legally required invasive procedure and Medical Scarlet letter Law
« Reply #14 on: February 17, 2012, 08:38:53 pm »
That looks extremely uncomfortable.

That's the idea.  The more uncomfortable, invasive, expensive and hideously complex getting an abortion is, the more women--especially women on fixed incomes or with very low incomes--will be bluffed away.  If abortion remains technically legal but becomes all but impossible to get, there may never be a NEED to repeal Roe v. Wade, which they've found problematic for decades.  No one will be able or willing to get one--unless of course they're loaded or come from a family that is, in which case, Darling Daughter takes a trip abroad and comes back a little lighter, just like in the old days.
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