An end to the chain gang?

Good news for a change, though this is one of those silver linings that come with dark clouds: Last week New York’s legislature passed a bill outlawing the practice of shackling women prisoners during childbirth. The new law will make New York the fourth state to restrict cuffing of women in labor.

Do the math: That means 46 states and the federal government allow this “barbaric and unconscionable” practice (in the words of Senator Velmanette Montgomery, one of the bill’s sponsors), although apparently the feds are taking steps to restrict shackling of laboring prisoners.

It makes you wonder if, huh, it might be men making these policies. Anyone who has ever been in labor knows you gotta move. Forcing women in labor to lie down and lie still is cruel and unusual punishment that increases pain and raises the likelihood of complications harmful to mother and baby. Shackling a woman raising the likelihood a woman may need a C-section and in turn can cause delay when an emergency C-section becomes necessary, delay that can endanger mother and baby.

(Come to think of it, it’s kind of a metaphor for the ordinary treatment of women in labor by the American medical establishment. In fact, not so long ago, women in labor were regularly tied down to hospital beds.)

Back in 2006, when Amnesty International did a study on the phenomenon, the New York Times ran an article on it. It quoted an Arkansas prison spokeswoman (of course they dug up a woman) defending the practice: “Though these are pregnant women, they are still convicted felons, and sometimes violent in nature. There have been instances when we've had a female inmate try to hurt hospital staff during delivery."

In fact, most women in prison (a full 70 percent) are there for nonviolent offenses, and when Amnesty asked prison officials for examples of women trying to escape during labor, they couldn’t come up with a single case.

Yeah, bulletin to prison officials: a woman in labor is busy (that’s why they call it labor). She doesn’t have time or energy to spare on running away.

(Not surprisingly, this news stirred barely a ripple outside the feminist blogosphere. Cheers to Salon and Our Bodies Ourselves’ blog.)

Another related cloud: A lawsuit by an Arkansas prisoner (serving a brief sentence for a nonviolent offense) over her shackling during labor is still wending its way through the courts. A three-judge panel of the Eighth Circuit Court of Appeals threw out the claim that the shackling was cruel and unusual punishment, but the ACLU’s National Prison Project successfully demanded a rehearing by the full court. Stay tuned.