Tag Archives: Alabama

alabama – imprisoning pregnant women like it’s 2020 in Gilead

How did I miss this Alabama story?
Greg L. Gambril, a DA in south Alabama (Covington County), is prosecuting women for endangering their fetuses under a chemical endangerment law intended to protect children from meth labs — “chemical endangerment of child”.

“When drugs are introduced in the womb, the child-to-be is endangered. It is what I call a continuing crime.” He added that the purpose of the statute was to guarantee that the child has “a safe environment, a drug-free environment. No one is to say whether that environment is inside or outside the womb.”

Tiffany Hitson spent her daughter’s first year in Julia Tutwiler Prison. He has prosecuted at least eight women under this law.

WTF is wrong with this asshole? Does he really not have anything better to do? Can’t someone disbar this motherfucker for blatant prosecutorial misconduct in using a law (a) to target crimes not intended to be reached, and (b) in violation of women’s constitutional rights to privacy?

Oh, no, wait — I forgot. Alabama is fucked up and the rest of the country just lets it stay that way. Women in Alabama, women in religious cults in Texas — fuck ‘em.

I know the ACLU of Alabama is overburdened, but come on.

circuit split on sex toys

Well, the 5th Circuit (Texas) has just said that Texas’s anti-sex-toy-law (memorably mocked by Molly Ivins in this video, available at youtube via pandagon) is unconstitutional, relying heavily on Lawrence (or so I hear, via pharyngula); I haven’t read the case yet).

This looks like a pretty clear Circuit split with the 11th Circuit (Georgia, Alabama, etc.), which only a couple of years ago found a similar Alabama law to not violate the Constitution (PDF, Williams v. Atty General of Alabama, 11th Cir. (2004)); the Supreme Court denied cert on that one. (See Michael C. Dorf discussion at FindLaw for an overview that discusses this case with respect to the various standards in Constitutional Law.)

I really wish that we could have a penumbra of no stupid laws.

artists and IP

The NYT has two interesting stories right now featuring, shall we say, different approaches to artists and IP.

The first in a genre near and dear to my heart is a profile of Dark Horse Comics, which “built [their] publishing platform around creators’ rights … [Their] pitch was, ‘We’ll match the rights that you get from other companies and we’ll let you own the work.’”

The second is an article about Daniel Moore, a photo-realist artist (he calls it “photofuturism”) of Alabama sports moments. The University (as we in Alabama called it) is suing Moore for trademark infringement of its crimson-and-white color scheme. Yea, Alabama, Crimson Tide, yadda yadda yadda fight song lyrics sung ironically. (I went looking for the actual fight song lyrics, which did not comport with my memory, and found myself in a hell of blinking and color-challenged websites dedicated to Crimson Tide football obsession. Dave’s College Football Fight Songs is restfully simple, for those of you who want to know the actual lyrics, and not the one line that is engraved falsely in my memory.)

X-posted at sivacracy

Et tu, Louisiana?

Not content with their shared top-ten ranking in teen births, Louisiana State Rep. A. G. Crowe (R-Slidell) wants Louisiana to join with Oklahoma and Alabama in segregating (or banning) gay books.

Good for you, Rep. Crowe. You tackle those problems that Louisiana is facing (high cancer mortality rates, high teen pregnancy rate, low education rates, high infant mortality rate) by, umm, micro-managing library collections. Let me know how that works out.

annoying me today

So far today I am thrice annoyed:

  • Multiple Double Standards: NY Sex Offenders Get Viagra [5/23] Jesus. Get over Viagra already. What is with the guys running the guvmint? “According to [NY State Comptroller Alan] Hevesi, the problem is an unintended consequence of a 1998 directive from federal officials telling states that Medicaid prescription programs must include Viagra.” Who are these mysterious unnamed federal officials? Could they be … men? And how did they feel about birth control? Last time I looked, the federal government & states like Missouri were trying to make it harder more difficult for women to get family planning, including birth control.

    Look, I support prisoners’ rights, and adequate medical care is a right. The problem isn’t prisoners, who will get tossed to the curb by any politician trying to prove they’re tough on crime. The problem is with the double standard that treats Viagra, a recreational drug designed for men, differently (and better) than sex toys or birth control, both of which most directly benefit women.

    Ought I also point out the role of Big Pharma, which still holds viable patents on Viagra & similar drugs, but which has generic competition for many birth control formulas?

    And finally, as long as we’re on the topc of “recreational drugs”, compare: “Since it was approved by the FDA in 1998, about 16 million men have tried Viagra, according to Pfizer.” (1) and “Over 83 million Americans over the age of 12 have tried marijuana at least once.” (2) … And health risks: 60-120 deaths directly related to ingestion of Viagra (3, 4) vs. 0 deaths directly related to ingestion of marijuana (5).

  • The Filibuster Compromise. Salon.com’s Tim Grieve says, patronizingly, that “if we’re confused” about who won, we should look to the wingnuts frothing over the compromise to assure ourselves that the Democrats won. Well, whoop-de-fucking-doo. The Democrats did indeed win exactly what they wanted to win: preservation of the judicial filibuster. How did they win this brave victory of exactly what polls show that most Americans want? By giving up whatever principles they claimed to have had that inspired the filibusters to begin with. This leaves us exactly nowhere, except with 3 more life appointments on the bench, and a new set of “but he said” whines for the next round.

  • Double Standards, Again: In Montgomery, a Catholic HS Girl who’s pregnant was refused permission to walk with her graduating class [St. Jude Educational Institute Class of 2005], although the boy who made her pregnant was allowed to participate. She walked on her own, anyway, but her mother and aunt were then “escorted out of the church by police”. The Red Hot Chili Peppers said it best: Catholic School Girls Rule. As for the school’s actions, it’s a Roman Catholic HS, a private entity, so I sort of don’t care, but then again, I sort of do, because the double standard pisses me off.

    Now, I have it on good authority that the school system in Montgomery sucks, so I understand what might drive parents to take their children out of the public system and pay to send them to a Catholic HS. A little reminder about just why there are so many private “religious” schools in Alabama: Desegregation and racism. Once public schools were forced to integrate, many racist white folk took their children out of public schools and into a horde of new private “religious” schools. With so many white folks sending their kids to private schools, funding for public schools has never gone anywhere — Alabama continues to use its sales tax to fund its public schools, leaving that poor benighted state with one of the highest sales taxes in the nation. (School funding is shared between state & city/counties, so local governments have incentive to keep sales taxes high — in Huntsville, AL, for instance, the sales tax is up to 10%, and no exceptions for food, you uppity poor people!) Even with a ridiculously high sales tax, the school system is still really crappy & under-funded (6, 7). So you can understand parents being willing to send their children to be indoctrinated in private schools, especially Catholic schools which were usually set up independently of desegregation. So I’m sorry for the family which did the best they could for their daughter, who was then treated like shit by the backwards-ass Catholic school.

    Oh, Alabama, I mock you but you make me sad.

alabama determined to drive itself into a deep, deep hole

god what a great state i come from. on nov 2 they — unbelievable — actually retained the state constitutional language mandating segregation. now this:

MONTGOMERY, Ala. (AP) – A lawmaker seeking to ban gay marriages also wants to prohibit state money from being spent on any materials or programs that “recognize” or “promote” homosexuality.

Republican Representative Gerald Allen says, quote, “We have a culture that’s in deep trouble.”

But Representative Alvin Holmes, a Democrat, says Allen’s measure was an unconstitutional form of censorship aimed at enhancing Allen’s standing with the right-wing conservatives.

If the bill became law, public school textbooks could not present homosexuality as an alternative lifestyle, college theater groups would not be able to perform plays like the Tennessee Williams classic “Cat On A Hot Tin Roof” where homosexuality is a theme, and public school libraries could not display books that include lesbianism like Alice Walker’s “The Color Purple.”

Allen says the method of weeding out objectionable material and programs was still to be determined. His bill has been prefiled for action in the 2005 session.

— AP, 2004-11-30 Bill Would Bar State Funds Used to Foster Homosexuality

great posts on this issue: