Eternal Vigilance is the Price of Liberty: HR1677 - A Reply from Delegate Cosgrove

As of a minute ago, this site has received over 40,000 hits in the past 24 hours, and this story has spread to over 100 blogs and many more hundreds of message boards and email lists.  The story's spread from here and DailyKos to countless infertility/miscarriage blogs, to Fark.com, to Atrios and Air America Radio and beyond.  I have only begun to scratch the surface of reading the discussions that this has spawned in the blogosphere, but I'm grateful for the response and thankful for the attention that this legislation has been given.  Some thoughts:

A few people have written, essentially, "Why make such a big deal out of this?  This bill is SO bad it will surely die in committee, or get voted down, or get vetoed."  Sure, bad bills get introduced in every legislature.  But some of them become law, and sometimes they become law because ordinary citizens weren't aware of them before they became law. 

One commenter wrote, "Eternal vigilance is the price of liberty." 

Unfortunately, this recent vigilance has kept me awake for far more than 24 hours straight, and I need to drive my parents to a family function many hours away tomorrow, so I'm not going to be able to do justice to this update right now.  I didn't want to wait to post this update, though, because it is so important.

I am delighted to report that Delegate Cosgrove has contacted me directly about HB1677.  Delegate Cosgrove has been inundated with calls and emails today in response to the viral spread of this story via the internet, and he is doing his best to respond to them. 

He has asked me to share his email with you here, and I do so with thanks to him for his time and thought in composing it (emphasis mine):

Dear Maura:

I am Delegate Cosgrove and I wish to respond to your website and the allegations that have been made by those who have emailed and called my office. The intent of House Bill 1677 is to require the notification of authorities of a delivery of a baby that is dead and the mother has not been attended by a medical professional. This bill was requested by the Chesapeake Police Department in its legislative package due to instances of full term babies who were abandoned shortly after birth. These poor children died horrible deaths. If a coroner could not determine if the child was born alive, the person responsible for abandoning the child could only be charged with is the improper disposal of a human body.

The requirement for the twelve hour notification timeframe comes from the method that a coroner would use to determine if the child had been born alive or dead. After twelve hours, it becomes next to impossible to determine if the child was alive due to decomposition gasses that build up in the body.

My bill in no way intends that a woman who suffers a miscarriage should be charged for not notifying authorities. The bill in no way mentions miscarriages, only deliveries.  However, after discussing the bill again with our legislative services lawyers, I have decided to include language that will define the bill to apply only to those babies that are claimed to have been stillborn and that are abandoned as stated above.

I would never inflict the type of emotional torture on a woman who has suffered such a traumatic event as a miscarriage by making her notify authorities of her loss. I would also never impose criminal sanctions on a woman who has gone through this loss. And I am confident that the General Assembly of Virginia would also not pass such a terrible imposition on a woman. My mother experienced several miscarriages and I have other friends who have been devastated by losing their children through miscarriages.

On a final note, your website advocates the use of emailing comments to my office. As for the emails that I have received, I have answered a few and will forward a similar explanation to those who sent them.  I always seek to receive emails that express a point of view either in support or in opposition to an issue. The majority of emails I have received from this site, however, have been extremely abusive, condescending, and mean-spirited. That is never the way to communicate with another person and I hope that civil discourse would be your desire as well.

I hope that you will post this explanation on your website and understand the original intent of this bill. If you feel the need to discuss this matter more fully, please do not hesitate to call. Thank you for your time and consideration of this matter.

Sincerely,

John A. Cosgrove

I have sent him an initial reply thanking him for his thoughtful response, and I plan to spend some time tomorrow night or Sunday in composing a more substantive post which addresses the information he provides here and asks him questions about the revisions he plans. 

For now, Delegate Cosgrove, if you're reading, the most important thing I want to say is thank you for listening to the concerns of so many people, even those who expressed their concern angrily or even abusively.  I am heartened to hear that you plan narrow the scope of HB1677 to more closely fit your stated intent.

If you'd like to continue this dialogue with Delegate Cosgrove, please consider sharing your questions or concerns in comments.  This issue has brought together so many people in a positive way today - Republicans, Democrats, Greens, Libertarians, pro-choice, and pro-life commenters found much common ground in objection to the original format of the bill.  I think that's a Good Thing, as is Delegate Cosgrove's outreach to us here. 

If you all could continue the eternal vigilance while I sleep now, I'd appreciate it.  :-)

Comments

[Kevin]

" Check into the way Arizona does it and propose this. We had the same issue with trash can babies and they started a program in Tucson where a mother can drop her baby off at any hospital (I think within 24 hours) confidentially and there are no consequences. "

Its any hospital, Fire station or Police station.

[Goescrunch]

Oh wow... I need to write him a letter to explain that a fetus isn't a baby... I'm surprised that he doesn't know. Isn't he supposed to be intelligent?

If this is about fetuses that may be "born" alive, he needs to alter the bill to point out it only covers fetuses that have reached the age of viability. Of course, anyone with a fetus that far along WILL be reporting it. It's out of place for someone with a viable fetus to want to just toss it in the garbage when they experience miscarriage/stillbirth. They usually want prompt medical attention, attempts to revive said fetus, and at least a damn funeral if attempts at reviving fail.

So, how long before he starts restricting the sale and use of Vitamin C, Black Cohosh, Blue Cohosh, Parsley, etc? - Personally, I think the man is a gibbering idiot. ::shrugs:: I'm surprised he isn't trying to swear out warrants to arrest abortion doctors for murder, and calling women like me accessories to "fetal murder".

This has been quite the interesting read. Reminds me of the movie "Rain Without Thunder". That movie has everything for everyone. It's a wetdream for Anti-choicers who want to see women without the right to choose, but a horror film for Pro-choicers who need to be told just how easy it would be to take those rights away.

[Steve Cochran]

I'm saddened that people are taking Del. Cosgrove's effort so seriously. this is the hird consecutive session in which he's groped for ways to address his concerns about dumpster babies. His previous efforts were far more plausible than this one, and they were bothe tabled in committee. I think he's gone off the deeep end this year. I'll call the Constituent Viewpoint line to oppose this bill, but I'm sanddened that he's receiving this much notriety. For the most part, he should be ignored and people should be focusing on legislation that actualy stands a chance of coming out of committee. My favorite is Delegate Purkey's nosocomial infection reporting bill. Check it out on my blog.
Steve

[Anne M.]

Excellent points, Maura in CA.

Steve, I'm not particularly optimistic either, but mostly because by now I'm confused ;) and he and all the legislators like him can just continue attempting things like this, and some of them will go through.

I'm tired of the incredible, astonishing ignorance most people -- especially people in power -- have about women's health, and pregnancy.

[Gina]

The letter that Cosgrove sent here is a canned letter that he apparently sent to anyone that called him up on this bill. I received the same email.

[Laura]

It appears we all recieved the same form email. I had sent this email this morning and recieved the form email back from him. I then sent a second email and finally got a personal response back. He sites that no one attemped to contact him regarding this first, when Maura clearly states that she tried to contact him 3 days prior. And to make a note, he still didn't answer my question. No big shocker there!

Mr. Cosgrove,

I have been following this story via internet and through the news. I have seen your reply and I am still unsure how you will be changing the wording to reflect the true intent of your bill. I am so appalled at this "so called" legislation. As a resident of Chesapeake for 24 years, although, I just recently moved, my entire family and all of my friends still reside there. Republican, Democrat, pro-life, pro-choice, whatever, this has made us all angry.
If your true intent is what you say it is, please, make sure the wording reflects this. I imagine you are an intelligent man and know exactly what this bill is implying and what could eventually come of it.
I can only tell you that I am truly disgusted and in trying to protect my rights, the rights of my daughter and of others, please do what is right and make sure the wording reflects stillborn babies born after 24 weeks gestational.
Be well aware that many across the country are following this story, not just in the Hampton Roads area and are concerned what legislation like this will do to the rights of women. I am sure that you are already aware and know exactly what you are doing. But that does not mean that the rest of us will idly stand by and let it happen. By giving rights to the unborn, under
24 weeks gestational, you are setting up a precedence for Roe v. Wade being overturned. You know this, I know this and others do too! Please rethink this and know that the majority of us disagree with you. I actually have not come across a person who does agree with you. That is not what you were elected for. You are supposed to represent the interests of the people.
Make sure you are doing this. Thank you for your time.

Sincerely,

Laura Gwaltney Wayland

(2nd email to Cosgrove after recieving the form email)
Thank you for the response. But as I stated in the previous email I had written, I had already read your response as it has been posted on several messaging boards. I would appreciate it, if you would actually take the time to read the concerns that I have written to you about because your stated reply did not actually answer any of my concerns. Thank you.

Sincerely,

Laura Gwaltney Wayland

Laura,

If you have lived in Chesapeake for the last tweny four years, then you are aware of the tragic deaths of several babies in the Hampton Roads are in the last several years. Do you remember the baby left on the ice to die in Western Branch two years ago? That was the intention of this bill.

It is unfortunate that people read website and take what they say as unimpeachable. No one from those sites spoke to either me or my staff, and this could have gone a long way in alleviating the misunderstanding of the intent of this bill.

Thanks.

Delegate John A. Cosgrove
78th House of Delegates
(804)698-1078

[Anne M.]

"Misunderstanding" my ass. Sounds like he got caught and is bitter about it.

[VAprogressive]

I want to thank all involved in this ongoing effort, especially Maura, for their vigilance. Cosgrove's bill is still troubling on many levels, but perhaps a bit less so because of your tireless advocacy. You all have proved that people united (by the Internet) can truly effect change.

On that note, I want to direct everyone to MyDD.com where a recent diary has been posted asking bloggers to donate to Tim Kaine's campaign before the Wednesday deadline. Please visit, donate if you can, but at least recommend the diary so we can keep it on the front page through Wednesday and hopefully raise some money to defeat Kilgore.

[Alicia]

Cosgrove keeps referrring to the City of Chesapeake Police Department legislstyive package which he claims was the inspriation for this idiotic legislation. Has anyone questioned the Chesapeake Police Chief to see if this was really in their legislative request package -- and if so, in what form? I just can't beleive that any police would want to have to take down these miscarriage reports -- it's not like they don't have enough to do already.

[Maura in VA]

Hi, Alicia,

Yes - Ema at http://thewelltimedperiod.blogspot.com/ has been doing a lot of great research on the medical issues involved and has also done tremendous research in contacting the Chesapeake Police Department and other sources. The information she received indicates that the CPD did not request this bill as written.

Read about it here:

http://thewelltimedperiod.blogspot.com/

[Carter]

First of all, I want to thank Maura for bringing this issue out. Bringing this idiocy out into the open is a tremendous public service.

Secondly, I think it's time we all stopped beating around the bush here. Delegate Cosgrove is not just a liar, but a Damned Liar. "Fetal death" is as far removed from abandoned babies as a woman's body is from any of his business. If he cannot see that, then he should certainly not be in public office.

He got caught. It's as simple as that. He tried to sneak a fast one past the citizens of Virginia, hoping nobody would actually read the bill to see what it actually said. Now he wants to be offended that the truth was published freely without his knowledge of consent? It's politicians like this that scare me.

ANyway, thanks, Maura, and keep up the good work.

[anna]

I'm from California, and was directed here by a friend's livejournal. Abandoned babies became a problem in California a few years ago. The solution was the antithesis of Cosgrove's draconian measure. There is now a well publicized law in the state of California that allows a woman to drop a baby in any emergency room in the state in the first 24 hours of his or her life no questions asked. The baby can then be adopted, or placed in foster care. (There is generally a shortage of BABIES to be adopted, but more older children than families wanting to take them.) Perhaps Mr. Cosgrove could consider this solution to his problem? It prevents unnessecary grief and pain, while saving lives.

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