A recent case in South Carolina has ignited a national conversation about reproductive rights and the treatment of Black women in the health care system. Amari Marsh, a 23-year-old woman, was cleared by a state grand jury after facing murder charges following a miscarriage. This incident has raised critical questions about the implications of restrictive reproductive laws and the criminalization of pregnancy outcomes.
The Incident
On March 1, 2023, while a junior at South Carolina State University, Marsh went to a local hospital complaining of severe pain related to her second-trimester pregnancy. After several hours in the emergency room, she returned to her off-campus apartment, where she unexpectedly lost her fetus in the toilet. The following day, she was questioned by police but was not informed that she was under criminal investigation.
Three months later, Marsh was arrested and charged with murder and homicide by child abuse, spending 22 days in detention without bond. The charges stemmed from her failure to retrieve the fetus from the toilet, as advised by a 911 dispatcher. Marsh described her emotional state during the incident as “scared” and “confused,” stating that she was unable to follow the dispatcher’s instructions due to the trauma of the situation.
The Legal Battle
Marsh’s ordeal was compounded by the legal ramifications of her miscarriage. The arrest warrant alleged that her actions contributed to the infant’s death, citing respiratory complications from a premature delivery due to a maternal chlamydia infection, which Marsh was unaware of until after the miscarriage. Despite being held without bail initially, she eventually secured a $75K bond.
In Sept. 2023, a grand jury declined to indict her, with her attorney asserting that the evidence did not support the charges. The case was framed not as an abortion rights issue but rather as a question of whether Marsh failed to render aid. This distinction has been crucial in the ongoing discourse surrounding reproductive rights and the treatment of women, particularly women of color.
Reproductive Rights and Racial Disparities
The case has drawn attention from reproductive health advocates who argue that Marsh’s experience highlights the need for improved maternal health support, especially for women of color. According to the Women’s Rights & Empowerment Network (WREN), Black women in South Carolina are 67% more likely to experience pregnancy-related deaths than their white counterparts. Nationally, the disparity is even more pronounced, with Black women being three times more likely to die during pregnancy.
Political Implications
The case has also attracted political attention, with figures like U.S. Rep. James Clyburn highlighting the implications of such legal actions on reproductive freedoms. Vice President Kamala Harris has been vocal about the need for reproductive rights reform, linking the criminalization of pregnancy outcomes to the broader political landscape shaped by the overturning of Roe v. Wade. Harris has criticized former President Donald Trump for the consequences of his judicial appointments, which have led to restrictive abortion laws across the country.
Moving Forward
After her ordeal, Marsh expressed relief at the grand jury’s decision but emphasized the emotional toll it took on her life. “They will never fully understand what they put me through,” she said, reflecting on the disruption to her education and the trauma of her pregnancy loss. Now back in school and pursuing a degree in biology, Marsh aims to become a doctor and help other women facing similar challenges.
Marsh’s story serves as a powerful reminder of the complexities surrounding pregnancy, loss, and the legal system. As the conversation around reproductive rights continues to evolve, it is essential to advocate for the rights and well-being of all women, particularly those in vulnerable communities.
The case of Amari Marsh is not just a legal battle; it is a reflection of the systemic issues that affect Black women in America. As society grapples with the implications of restrictive reproductive laws, it is crucial to prioritize support and understanding overcriminalization. The journey toward justice and equity in reproductive health is ongoing, and stories like Marsh’s highlight the need for change.
