A recent and distressing report by ProPublica highlights the experiences of two Black women in Florida who were compelled to undergo cesarean sections against their will, underscoring the persistence of medical coercion within the American healthcare system.
In the case of Cherise Doyley, an emergency petition was filed by the state and the hospital, aiming to mandate a C-section for Doyley “in the interest of her unborn child,” as reported by ProPublica. Doyley, a birthing doula, had firmly expressed her desire to avoid a cesarean unless it was an absolute emergency. During a lengthy online court hearing conducted from her hospital room while she was in labor, a judge ruled that she could continue laboring; however, the hospital was permitted to proceed with surgery if an emergency arose, regardless of her consent. Soon after, she awoke to find herself being taken into surgery due to a claim that the baby’s heart rate had decreased for seven minutes overnight, resulting in a C-section delivery.
Doyley’s experience, though alarming, is not an isolated incident; it reflects a troubling trend where pregnant individuals are coerced into medical interventions such as cesarean sections. This situation aligns with broader governmental efforts to undermine women’s bodily autonomy and rights.
Generally, individuals in the United States have a constitutional right to decline unwanted medical treatments. However, the legal landscape regarding pregnant patients remains ambiguous, as state courts have historically debated whether the rights of the fetus or the mother should take precedence. Depending on state rulings, pregnant individuals may even face legal repercussions for refusing medical interventions like unrequested C-sections.
The American College of Obstetricians and Gynecologists has made it clear that the choices of competent pregnant women to refuse suggested medical or surgical treatments should be honored, stating that coercive practices are ethically unacceptable and medically unwise.
Despite this guidance, the preferences of pregnant patients are frequently overlooked, with Black individuals experiencing the most severe forms of this disregard. Research indicates that Black patients are twice as likely to encounter coercion and undergo unwanted procedures during childbirth, and they are 25% more likely to receive unscheduled C-sections compared to their white counterparts. Studies have shown that both Black and white patients decline medical care at similar rates; however, healthcare providers are more inclined to respect the wishes of white patients while proceeding with interventions without consent for Black patients. This disparity is part of a broader historical context of reproductive exploitation faced by Black women, which includes forced sterilization and unethical medical experimentation.
Recently, the issues of abuse and neglect faced by Black Americans during childbirth have intersected with the debate over fetal personhood. In certain legal cases, courts have ruled that hospitals can override patient choices in favor of perceived fetal health. This discussion has gained renewed urgency following the Supreme Court’s decision to overturn Roe v. Wade, with the previous administration signaling that it prioritizes the rights of the fetus over those of the mother, prompting medical professionals and institutions to act in accordance with this ideology.
Another alarming aspect of the fetal personhood movement is its tendency to regard pregnant individuals merely as incubators, with government mandates dictating not only the necessity of childbirth but also the methods and timing of the process.
Although Doyley is a Black woman residing in a predominantly conservative state, her experience of medical coercion is not solely attributable to her race—though statistical evidence suggests that her racial identity likely contributed significantly to the lack of attention to her wishes. This situation also serves as a stark indication of the lengths to which the government may go to diminish the bodily autonomy of pregnant individuals.
As more states embrace the fetal personhood agenda, the risk of vulnerable patients being compelled into unwanted medical procedures increases. While Black pregnant individuals may bear the brunt of these oppressive measures, the implications extend beyond this group. The potential for widespread coercion in reproductive healthcare is a deeply unsettling prospect for all.
Tayo Bero is a columnist for Guardian US.
