Pregnant Women Ankle Monitor Proposal: Kentucky's Shock Move

In 2019, Democratic state senator Mary Lou Marzian proposed a satirical amendment to a Kentucky abortion bill that would require women to submit monthly statements to the state from doctors confirming whether or not they are pregnant. The amendment also suggested that pregnant women who did not comply with this requirement would be forced to wear ankle monitors to prevent them from crossing state lines to get an abortion. This proposal was never seriously considered and was intended as a critique of the bill banning abortions.

Proposed by a Democratic state senator

In February 2019, Democratic state senator Mary Lou Marzian proposed a satirical amendment to a bill that restricted abortion rights in Kentucky. The amendment would require women of childbearing age to receive a signed and notarized statement from a licensed medical practitioner each month, stating whether they were pregnant or not. If a woman were found to be pregnant, the amendment further stipulated that she would have to wear an ankle brace to prevent her from crossing state lines to get an abortion.

The amendment was introduced in response to a bill by Rep. Joe Fischer, which aimed to restrict abortion rights in Kentucky if Roe v. Wade were to be overturned. Known as a "trigger law", the bill passed in March 2019 without Marzian's amendment.

Marzian, a pro-choice supporter, has a history of filing satirical measures to make her political opponents appear foolish. In 2016, she proposed a bill that would require men seeking drugs for erectile dysfunction to visit a doctor twice and get a note from their wives, among other conditions. This bill was in response to legislation requiring women to receive ultrasounds and consultations before abortions.

Meant to be satirical

In 2019, Democratic state senator Mary Lou Marzian proposed a satirical amendment to a Kentucky abortion bill. The amendment, which was never seriously considered, would have required women of childbearing age to receive monthly statements from doctors stating whether they were pregnant and submit those records to the state or face arrest and fines. It also proposed ankle monitors for pregnant women who didn't comply.

The amendment was intended as a critique of the bill, which restricted abortion rights in the state. Marzian, who supports abortion rights, has filed several satirical measures over the years to make her political opponents look like "morons."

For example, in 2016, in response to legislation requiring women to receive ultrasounds and "informed consent" consultations before abortions, Marzian filed a bill to put similar conditions on men's access to erectile-dysfunction drugs. The bill would have required men to have two visits with their doctor on separate days before getting a prescription.

Marzian's 2019 amendment was brought up again in 2022, after the U.S. Supreme Court overturned Roe v. Wade, as an example of the extreme measures some states might consider to restrict abortion access. However, it's important to clarify that the amendment itself was never seriously pursued and was always intended as satire.

While it's true that some politicians and activists have proposed controversial measures to prevent abortions, such as ankle monitors, it's important to distinguish between serious proposals and satirical or hyperbolic statements meant to draw attention to an issue.

In this case, the proposal for pregnant women to wear ankle monitors was meant to be satirical.

In response to a bill restricting abortion rights

Poe released a statement through the ACLU of Kentucky, expressing her frustration at not being able to access abortion care in her own state and the burden of having to arrange for care in another state. She believes that the decision to continue or terminate a pregnancy is a personal one that should be left to the individual without government interference. The lawsuit seeks class-action status to include others who are or will become pregnant and want the right to have an abortion.

In December 2023, another Kentucky woman, Jane Doe, filed an emergency class-action lawsuit, asking a Jefferson County judge to allow her to terminate her eight-week pregnancy. The lawsuit includes Planned Parenthood as a plaintiff and seeks to block enforcement of Kentucky's trigger law and six-week abortion ban. Doe and other pregnant women who wish to no longer be pregnant argue that they are suffering medical, constitutional, and irreparable harm due to their inability to obtain an abortion. The lawsuit asserts that Kentucky's abortion bans violate the constitutional rights of pregnant women and seeks to have them declared unconstitutional.

In response to the bill restricting abortion rights, it is important to note that the proposed amendment requiring pregnant women to wear ankle monitors was introduced in jest by Democratic state Rep. Mary Lou Marzian. It was intended as a satirical response to the bill banning abortions and was never seriously considered or included in the final copy of the bill.

Required monthly statements from doctors

In 2019, Democratic state senator Mary Lou Marzian proposed a satirical amendment to a bill that restricted abortion rights in Kentucky. The amendment required women of childbearing age to submit monthly statements from doctors declaring whether they were pregnant or not. If a woman were found to be pregnant, the amendment further stipulated that she would have to wear an ankle monitor to prevent her from crossing state lines to get an abortion.

The amendment was introduced in response to a bill by Republican Rep. Joe Fischer, which aimed to restrict abortion rights in Kentucky if Roe v. Wade were to be overturned. The bill, known as a "trigger law," passed in March 2019 without Marzian's amendment.

Marzian's proposal was never intended to be taken seriously. She described it as "totally satire" and said she had no intention of moving it forward. Marzian, a long-time supporter of abortion rights, has filed several satirical measures over the years to highlight the absurdity of anti-abortion legislation.

The sharing of a screenshot of the proposed amendment on social media in June 2022 caused confusion, with some users believing it to be an active and serious proposal. However, the amendment was introduced in 2019, long before Roe v. Wade was overturned, and did not pass through the Kentucky state House.

Marzian's amendment underscores the ongoing debate and strong feelings surrounding abortion legislation in Kentucky and across the United States. While the amendment itself did not become law, it drew attention to the impact of restrictive abortion laws on women's rights and autonomy.

Proposed in other states

While there is no explicit mention of ankle monitors for pregnant women being proposed in other states, the issue of court-ordered surveillance tags and their implications for abortion access is not unique to Kentucky.

In the wake of the Roe v. Wade reversal, several U.S. states have cracked down on abortion, and crossing state lines may be the only option for some women seeking the procedure. However, this option is often inaccessible to those under house arrest, awaiting trial, or facing immigration proceedings, who are required to wear electronic monitoring devices that restrict their movement.

According to Susan Burton, the founder of a Los Angeles-based re-entry program for formerly incarcerated women, those wearing ankle monitors in states like Mississippi or Alabama may find it "impossible" to travel outside the region to obtain an abortion.

The use of electronic surveillance, including ankle monitors, is on the rise, with an estimated 1 million people currently wearing such devices, according to James Kilgore, an activist with the Center for Media Justice. This surge in surveillance has implications for reproductive rights, as it makes it easier for authorities to track women seeking abortions or assisting family members.

While there is no specific mention of ankle monitors for pregnant women outside of Kentucky, the broader issue of electronic surveillance and its impact on abortion access is a concern across multiple states in the U.S.

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